Ashok Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.20212 of 2022 Ashok Naik ....

Petitioner Mr. D. Panigrahi, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. D.K. Mohanty, Additional Standing Counsel

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE SAVITRI RATHO Order No.

ORDER

20.10.2022 01.

1.

Heard Mr. D. Panigrahi, learned counsel for the petitioner and Mr. D.K. Mohanty, learned Additional Standing Counsel. 2.

Mr. Panigrahi, submits that though in connection with the acquisition of land, the petitioner was noticed by the Estate Manager, Dulanga Coal Mines Project (opposite party No.3) on 01.05.2014 vide Annexure-2 to receive compensation and though said compensation was quantified by the authorities at Rs.4,02,200/- as per Annexure-3 however, according to him, the petitioner is entitled to much more compensation as his case should have been calculated under Category-I which has not been done in this case. According to him, in the case of the petitioner, the calculation has been made taking him to be covered under category-V. In this connection, he submits that though the petitioner has filed a representation dated 02.08.2021 under Annexure-4 before the Collector, Sundargarh (opposite party No.2) for redressal of his grievances and though

// 2 // receipt of the same was duly acknowledged by the office of the Collector, Sundargarh but till date nothing has been done in the matter. In such background, he prays that that a direction be issued to the Collector, Sundargarh to take a decision on the above noted representation of the petitioner within a specific time period.

3.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the Collector, Sundargarh (opposite party No.2) to take a decision on the above noted representation of the petitioner under Annexure-4 in accordance with law within a period of three months from the date of receipt of a certified copy of this order, if in the meantime, the same has not been disposed of and communicate the result of such exercise to the petitioner. The petitioner is further directed to supply a copy of the representation under Annexure-4 to opposite party no.2 while presenting a certified copy of this order.

4.

Accordingly, this writ petition is disposed of. 5.

Urgent certified copy of this order be granted on proper application in course of the day.

(Biswajit Mohanty) Judge (Savitri Ratho) Judge Prasant