Dhoba Behera v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C)(TAC) No.44 of 2014 Dhoba Behera & Anr.
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Petitioners Mr. S.D. Kumar, Advocate -versusState of Odisha & Ors.
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Opposite Parties Mr. S. Rath, ASC
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
11.01.2024 02.
1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.
2. Heard learned counsel for the Petitioners and learned counsel appearing for the Opp. Parties.
3. The Petitioners have filed the present writ petition inter alia with the following prayer:- "The petitioner, therefore fervently prays that your Lordship may graciously be pleased to admit this writ application and after hearing the counsel for the parties, issue a writ in the nature of mandamus or any other writ directing the opp. Party No. 3 to give appointment to the petitioner No. 2 in the post of Peon lying vacant in the Kumarpur High School since 31.03.1997;
And/or further may be pleased to direct the opposite party NO. 1 to give adequate compensation to the petitioner under Land Acquisition Act, 1894 as their homestead land have been used for the establishment of the school;
And /or for this act of kindness, the petitioners shall as in duty bound, ever pray."
4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioners to make fresh
// 2 // representation before Inspector of Schools, Cuttack (now D.E.O., Cuttack)- Opp. Party No. 3 by enclosing all the relevant documents and citations in support of their claim, if any, within a period of three (3) weeks hence.
5. It is observed that if such representation is filed within the aforesaid period, Opp. Party No.3 shall do well to take a lawful decision on the same the within a period of three (3) months from the date of receipt of such representation. The order so passed by the Opp. Party No.3 be communicated to the Petitioners.
6. With the aforesaid observation and direction, the Writ Petition is disposed of.
(Biraja Prasanna Satapathy) Judge Sneha Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Jan-2024 11:01:34