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Orissa High CourtWP(C)/16542/2022disposed off

Brahmananda Nayak v. State Of Odisha

2022-08-01Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.16542 of 2022 Brahmananda Nayak ....

Petitioner(s) Mr.N.Lenka, Advocate -versusState of Odisha & Ors.

....

Opp.Party(s) Mr.S.Ghose, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

01.08.2022 1.

Heard the submission of Mr. Lenka, learned counsel appearing Order No.

for the petitioner involving a challenge to the order at Annexrue-11. Reading through the impugned order at Anenxure-11.Mr.Lenka, learned counsel for the petitioner while admitting that undisputedly there has been some outstanding, makes a concession in the Court on behalf of the petitioner that petitioner is ready and willing to makeover the outstanding and requests this Court for a direction to the competent authority for re-consideration of the issue in the event the petitioner pays the outstanding amount. This Court finds the petitioner is approaching with a genuine intention further also this Court finds there has been declining to entertain the request of the petitioner on the premises that outstanding is already indicated there.

2.

For the petitioner showing ready and willingness to make the entire deposit indicated in Annexure-11, this Court finds there is requirement of reconsideration of the issue by the competent authority. In the circumstance, this Court to avoid any further wastage of time disposes of the writ petition observing in the event the petitioner makes a request attaching therein the draft for the outstanding amount indicated in Annexure-11 at least within a period of seven days hence, the Chairman-cum-Managing Direction, OSRAT-opposite party no.2 shall reconsider the request of the petitioner involving order already

// 2 // there in Anenxrue-11 and pass further orders taking into consideration that the petitioner has made over the outstanding by undertaking such exercise at least within a period of three weeks of such payment and for a period of four weeks at least, there shall be no coercive action against the petitioner pursuant to Annexure-11.

(Biswanath Rath) Judge Sks