Orissa High CourtWP(C)/22138/2022disposed off

Jyoti Ranjan Nath v. Union Of India

2022-08-30Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 22138 of 2022 Jyoti Ranjan Nath ....

Petitioner -versusUnion of India & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

30.08.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. S.K. Ojha, learned counsel for the Petitioner and Mr. U.R. Jena, learned CGC appearing for the Union of India.

3. The Petitioner has filed the present Writ Petition with the following prayer:- "Under the circumstances, it is prayed that the Hon'ble Court may Graciously be pleased to issue rule Nisi calling upon the Opp. Parties to show cause as to why writ in the nature of certiorari shall not be issued quashing reply dated 03.06.2022 (Annex.11) and the writ in the nature of Mandamus shall not be issued directing the Opp.Parties to undertake further CRS inquiry affording opportunity to the petitioner and submit the final report with the clear findings and conclusion within a stipulated period in respect of rear end collision of Train No. 78408 at Kathojodi PH took place on 29.09.2016.

And further be pleased to pass any other order(s) as deemed fit and proper for the ends of justice; And for this act of kindness, the Petitioner shall as in duty bound to ever pray."

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4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of two (2) weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.2 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by the Opp. Party No.2 be communicated to the Petitioners.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha