Harekrushna Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27547 of 2022 Harekrushna Mishra ....

Petitioner Mr.S.B. Jena, Advocate -versus1. State of Odisha

2. Director of Agriculture and Food Production Odisha, Bhubaneswar

3. District Agriculture Officer, Salepur, Cuttack

4. Block Agriculture Officer, Mahanga, Cuttack ....

Opp. Parties Mr.Saswat Das Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.12.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner as well as learned Addl. Government Advocate for the State of Odisha.

This Writ Petition has been filed by the petitioner Harekrushna Mishra, who is aged about seventy five years challenging non-payment of the assistance under Krushak Assistance for Livelihood and Income Augmentation (hereafter referred to as "KALIA scheme").

// 2 // It is the case of the petitioner that he is a farmer and permanent resident of village Kundi under Mahanga police station in the district of Cuttack. The State Government implemented KALIA scheme to provide financial assistance to the farmers in the year 2019 and similar provision was also implemented by the Central Government by way of Prime Minister Kishan scheme to give financial assistance to the farmers of the State. The petitioner submitted his application in the prescribed format for availing the benefit but his case was turned down on the ground of field verification report that he is ineligible to get the assistance on the ground of "Applicant is engaged in a different occupation".

It is the contention of the learned counsel for the petitioner that such a report has been fabricated and the case of the petitioner is genuine one and when he submitted his representation to the Government, he was intimated as per letter dated 06.04.2022 that the Government had made a provision for all the ineligible farmers to reapply in the OnLine KALIA grievance portal (Kalia. Odisha.gov.in) with all required documents such as copy of Aadhar Card, copy of land documents, copy of Bank Account and copy of Ration Card, if they feel themselves as eligible. The petitioner stated to have applied in the OnLine grievance portal for payment of assistance under the aforesaid KALIA scheme on 24.08.

2022 with all required documents, but no action has been taken as yet and therefore, a direction is sought for from this Court to the opposite party no.

// 3 // consider the OnLine application of the petitioner at an earliest.

Mr.

Saswat Das, learned Addl.

Government Advocate has no serious objection to the prayer made in this writ application.

Considering the submission made by the learned counsel for the respective parties, the averments made in the writ petition and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the opposite party no.1- Commissionercum-Secretary to Government Agriculture and farmers Empowerment Department, Bhubaneswr to consider the application submitted by the petitioner under Annexure4 on its own merits within a period of two months from the date of production of the certified copy of this order along with a copy of the writ petition after giving an opportunity of hearing to the petitioner and communicate the result of such exercise to the petitioner.

Learned counsel for the petitioner shall submit a copy of the writ application along with the order before the opposite party no.1 within a period of one week from today.

The writ petition is disposed of Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge P

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