Debaraj Behera v. The Collector Cum Lao, Dhenkanal

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.23333 of 2022 Debaraj Behera ....

Petitioner Mr. N.K. Jena, Advocate -versusThe Collector, Dhenkanal & others ....

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

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE SAVITRI RATHO Order No.

ORDER

10.10.2022 01.

1.

Herd Mr. N.K. Jena, learned counsel for the petitioner and Mr. D.K. Mohanty, learned Additional Standing Counsel. 2.

On oral prayer, Mr. Jena is permitted to correct the descriptions of the petitioner and opposite party No.1 in the cause title in Court today.

3.

According to Mr. Jena, the petitioner is aggrieved by the disbursement of compensation money in connection with acquisition of his land covered by Plot No.354/1528 pertaining to Khata No.262/429 under mouza Mahidharpur, TahasilAthagarh in the district of Cuttack in favour of Gaurimali Moharana (opposite party No.5) and Akhaya Kumar Moharana (opposite party No.6), who happen to be the children of one Ananta Charan Moharana though they are not entitled to receive the same. He further submits that though the opposite party Nos.5 & 6 have been noticed to return the money however, they have not yet returned the same.

// 2 // 4.

During course of hearing, Mr. Jena submits that liberty may be granted to the petitioner to move the Collector, Dhenkanal (opposite party No.1) in the matter by filing a representation and the said opposite party be directed to take a decision on such motion within a specific time period. 5.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to file a detailed representation before the Collector, Dhenkanal (opposite party No.1) through registered post within a period of two weeks from today. In the event, such a representation is filed along with a copy of this order, the opposite party No.1 is directed to take a decision on the same in accordance with law within a period of three months from the date of receipt of such grievance petition after giving reasonable opportunity of hearing to the petitioner as well as opposite party Nos.5 & 6 and communicate the result of such exercise to the petitioner.

6.

Accordingly, this writ petition is disposed of. 7.

Urgent certified copy of this order be granted on proper application.

(Biswajit Mohanty) Judge Prasant (Savitri Ratho) Judge