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Orissa High CourtWP(C)/26778/2022disposed off

Rajesh Kumar Gouda v. State Of Odisha

2022-10-27Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.26778 of 2022 Rajesh Kumar Gouda ....

Petitioner Mr. B.K. Biswal, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.11.2022 I.A. No.15709 of 2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner as well as learned counsel for the State.

3.

This is an application for modification of the order dated 27.10.2022.

4.

It is submitted by learned counsel for the petitioner that in paragraph-9 of the order dated 27.10.2022, direction has been given to the Block Development Officer, Rengelunda (Opposite Party No.3) to consider the case of the petitioner within a period of eight weeks. In fact, the Block Development Officer, Rengelunda (Opposite Party No.3) is not the competent authority for considering the case of the petitioner and the Collector and District Magistrate, Ganjam, Chhaptrapur(Opposite Party No.2) is the competent

// 2 // authority for consideration of the case of the petitioner and he can take a decision in the matter. Hence, modification has been prayed for.

5.

Considering the submissions made by learned counsel for the petitioner, it is directed that in 5th, 9th and 11th line of paragraph-9 of the order dated 27.10.2022 it be mentioned as "Collector and District Magistrate, Ganjam, Chhaptrapur(Opposite Party No.2)" in place of "Block Development Officer, Rengelunda (Opposite Party No.3)" and the Collector and District Magistrate, Ganjam, Chhaptrapur (Opposite Party No.2) is directed to consider the case of the petitioner in the light of the direction given vide order dated 27.10.2022 within a period of eight weeks from the date of receipt of this order, rest part of the order shall remain intact. 6.

The I.A. is disposed of accordingly.

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

( A.K. Mohapatra) Judge Jagabandhu