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Orissa High CourtWP(C)/28534/2022disposed off

Malaya Kumar Sahu v. Principal Secy. To Govt. Of Odisha, Water Resources Dept.

2022-11-09Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28534 of 2022 Malaya Kumar Sahu ....

Petitioner Mr. B. Mohanty, Advocate -versusPrincipal Secretary to Government of Odisha, Water Resources Department, Secretariat Building, Bhubaneswar and others ....

Opposite Parties Mr. P.K. Rout, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

09.11.2022 01.

1.

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

2.

On being permitted, learned counsel for the Petitioner corrects the prayer portion of the writ petition in Court today. 3.

Heard learned counsel for the Petitioner, learned Additional Government Advocate appearing for the State-Opposite Parties, Mr. Routray, learned counsel appearing for the Opposite Parties No.5 & 7 to 12 and learned counsel appearing for the Opposite Party No.6. 4.

This writ petition has been filed by the Petitioner seeking a direction to the Opposite Party No.1 to consider his representation dated 27.07.2022 under Annexure-12 to the writ petition. 5.

Mr. Routray, learned counsel appearing for the Opposite Parties No.5 & 7 to 12 and the learned counsel for the Opposite Party No.6 jointly submit that they have no objection, if a direction is given

// 2 // to the Opposite Party No.1 to consider the representation of the Petitioner, provided an opportunity of hearing be given to the Opposite Parties No.5 to 12 while considering the representation of the present Petitioner.

6.

Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court dispose of the writ petition at the stage of admission by permitting the Petitioner as well as the Opposite Party No.5 to 12 to file their respective representation before the Opposite Party No.1 taking all the grounds along with supporting documents and in the event of filing of such representation by the parties, the same shall be considered and disposed of by the Opposite Party No.1 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. It is needless to mention here that the representation of the Petitioner as well as the Opposite Parties No.5 to 12 shall be considered and disposed of by passing a speaking and reasoned order by providing an opportunity of hearing to both the parties. Any decision so taken on the said representation shall be communicated to the parties within a period of two weeks thereafter. 7.

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

Debasis ( A.K. Mohapatra ) Judge