Tapan Kumar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.30335 of 2022 Tapan Kumar Pradhan ....

Petitioner Mr.P.K.Bhuyan, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.A.Behera,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

23.11.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel.

3.

The Petitioner has filed the present writ application with the following prayer:

" It is therefore rayed that this Hon'ble Court may graciously be pleased to quash the order of the Tahasildar, Angul dated 20.10.2022 for eviction from the quarter under Annexure-5 as illegal and this Hon'ble Court may further pleased to direct the Opposite Party No.2 i.e. D.I.G. of Prisons, Sambalpur Range, Sambalpur to consider the representation dated 02.11.2022 under Annexure-6 to retain the quarter till the end of academic year for the interest of justice." 4.

In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the D.I.G. of Prisons, Sambalpur Range, Opposite Party No.2 on 02.11.2022 under Annexure-6. It is also submitted by the learned counsel for the Petitioner that the said

// 2 // representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-6 within a stipulated period of time. 5.

Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.2, which is stated to be pending, in accordance with law within a stipulated period of time.

6.

Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.2 to consider the representation of the Petitioner under Annexure-6 in accordance with law within a period of four weeks from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the representation of the Petitioner under Annexure-6 by passing a speaking and reasoned order. It is also directed that till a decision is taken on the representation of the Petitioner, the notice of eviction shall not be given effect to for a period of four weeks. 7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge