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Orissa High CourtWP(C)/21602/2022disposed off

Santilata Rout v. State Of Odisha

2022-08-29Dr. Justice B.R.Sarangi1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 21602 of 2022 Santilata Rout .....

Petitioner Mr. S.K. Patnaik, Advocate Vs.

State of Odisha and others .....

Opposite Party Mr. J. Patnaik, G.A.

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

29.08.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. S.K. Pattanaik, learned Counsel for the Petitioner and Mr. J. Patnaik, learned Government Advocate for the State. 3.

The Petitioner has filed this writ Petition, wherein serious allegation has been made against the Statutory Authority that though the appeal has been preferred by them under Act 12 (1) of the OPLE Act before the Sub-Collector, Khordha, he is neither registering the same, nor taking any decision thereof.

4.

The Statutory Authority cannot and could not deny the statutory obligation as has been vested on him. When the Sub Collector has been vested with the power to adjudicate the appeal, he should not have absolved off such duty.

5.

In view of such position, this Court disposes of the Writ Petition directing the Sub Collector, Khurda to register the appeal and adjudicate the same in accordance with law.

Arun (DR. B.R. SARANGI) JUDGE