Raj Kishore Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 15619 of 2022 Raj Kishore Rout .....

Petitioner Mr. P.C. Nayak, Adv.

Vs.

State of Orissa and others .....

Opposite Parties Mr. P.P. Mohanty, AGA

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE S.K. MISHRA

ORDER

24.06.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. P.C. Nayak, learned counsel for the petitioner and Mr. P.P. Mohanty, learned Addl. Government Advocate for the State-opposite parties.

3.

The grievance of the petitioner, in this writ petition, is that without acquiring the land, he has been called upon to execute the agreement no. 631 P1 of 2018-19 and, as such, the date of commencement of work was fixed to 08.03.2019 and date of completion of work was fixed to 07.06.2020. But due to nonacquisition of land, the petitioner is not able to execute the work. Therefore, it is incumbent upon the opposite parties either to acquire the land and allow the petitioner to carry out the work in question, pursuant to agreement executed, or close the same without imposing penalty on the petitioner.

4.

Mr. P.C. Nayak, learned counsel for the petitioner contended that highlighting the grievances the petitioner has already moved opposite party no.2 vide Annexure-10 dated 10.06.2022, which is still pending consideration. 5.

Mr. P.P. Mohanty, learned Addl. Government Advocate for

the State-opposite parties contended that if the grievance of the petitioner is pending before the opposite party no.2, let the said authority consider the same and pass appropriate order in accordance with law.

6.

Having heard learned counsel for the parties and after going through the records, since the petitioner has made limited nature of grievance, with the consent of learned counsel for the parties, this writ petition stands disposed of directing opposite party no.2 to consider the grievance made by the petitioner under Annexure10 and pass appropriate order in accordance with law within a period of two months from the date of production of certified copy of this order.

Issue urgent certified copy as per rules.

Ashok/PCD (DR. B.R. SARANGI) JUDGE (S.K. MISHRA) JUDGE