Suvendu Jena v. Addl. Sub-Collector-Cum-Settlement Officer, Puri

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 28966 of 2022 Suvendu Jena ....

Petitioner Mr. T. Panigrahi, Advocate -versusAddl. Sub Collector-cum-Settlement Officer, Puri and others ....

Opposite Parties Mr. T.K. Pattnaik, ASC

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

09.11.2022 Order No.

01.

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-Opposite Parties.

3.

The present writ petition has been filed by the Petitioner with the following prayers:

"Therefore it is humbly prayed by the petitioner seeking the following relief(s):- (i) Admit and allow the Writ;

(ii) Call for the records:

(iii) Issue "Rule NISI" calling upon the opp. parties as to why the petitioner shall not be disbursed family pension till the date of his eligibility upto attaining age of 25 years and in case Opp. parties are fail to make counter or insufficient counter make the rule absolute by issuing any Writ or Writs, direction/directions in the nature of; (iv) To pass an order by way of Writ of Mandamus to directing the Opp. party no.1 to dispose of pending representations dated 10.3.2022 and dated 18.4.2022 vide Annexure-11 towards disbursement of family pension in favour of petitioner;

// 2 // (v) Pass any such other order(s), direction(s) in favour of the petitioner as deem just and proper for the interest of natural justice and fair play."

4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representations dated 10.03.2022 and 18.4.2022 before the Opposite Party No.1-Additional Sub-Collector-cum-Settlement Officer, Puri under Annexure-10 Series, but the same are still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

5.

Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the grievance petition of the Petitioner in accordance with law within a stipulated period of time.

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 with a direction to the Opposite Party No.1-Additional Sub-Collector-cum-Settlement Officer, Puri to consider the representations of the Petitioner dated 10.03.2022 and 18.4.2022 under Annexure-10 Series 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 representations of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representations shall be communicated to the Petitioner within a period of two weeks thereafter. 7.

Urgent certified copy of this order be granted on proper application. (A.K. Mohapatra) Judge Debasis