Shiba Prasad Mohanta v. Govt. Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.16872 of 2022 Siba Prasad Mohanta and others .....

Petitioners Mr.H.K.Mohanta, Advocate Vs.

Government of Odisha and others .....

Opposite Parties Mr.A.K.Nanda, AGA

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE SAVITRI RATHO

ORDER

20.07.2022 Order No.

01.

1.

Heard Mr.H.K.Mohanta, learned counsel for the petitioners and Mr.A.K.Nanda, learned Addl. Government Advocate for the State.

2.

According to Mr.Mohanta, learned counsel for the petitioners, the petitioners are aggrieved by excavation of canal in the western side of the village which according to them would cause various problems to them and other villagers and accordingly their prayer is that the same be diverted to western side of the village where irrigation facilities are not available.

3.

Though on 30.09.2020, highlighting all their grievances, the petitioners have filed a representation before the Zone Officer-cumLand Acquisition, Collector, Subarnarekha Irrigation Project, Deuli Zone, Deuli (opp. party No.4), however during course of hearing, learned counsel for the petitioners submits that liberty may be granted to the petitioners to file a fresh representation before the opp. party No.4 highlighting all their grievances and further prays that a direction may be given to the opp. party No.4 to take a decision on such representation within a stipulated time period.

4.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioners to file a comprehensive representation before the Zone Officer-cum-Land Acquisition, Collector, Subarnarekha Irrigation Project, Deuli Zone, Deuli (opp. party No.4), within a period of two weeks along with a copy of this order by Registered Post. In the event, such a representation is received by the above noted officer, he is directed to take a decision on such representation in accordance with law, within a period of three months from the date of receipt of the certified copy of this order after hearing the affected/necessary parties and communicate the result of such decision to the petitioner No.1, who in turn, shall share such communication to all the petitioners.

5.

With the above observation and direction, the writ petition is disposed of.

6.

Urgent certified copy of this order be granted as per rules. Bichi (Biswajit Mohanty) Judge (Savitri Ratho) Judge