← Library
Orissa High CourtWP(C)/31999/2022disposed off

Annapurna Sahu v. State Of Odisha

2022-11-28Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31999 of 2022 Annapurna Sahu ....

Petitioner Mr.Jayadeba Behera, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.P.K.Rout, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.11.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Additional Government Advocate.

3.

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

" The Petitioner therefore humbly prays that this Hon'ble Court may graciously be pleased to admit this writ petition, issue notice to the Opp.Parties and after hearing the counsel for both the parties may direct the Opp.Parties to disburse the service benefits/dues of the deceased son of the Petitioner in her favour as per her share.

And may pass any other writ/writs, order(s), direction(s) as this Hon'ble Court deem just and proper."

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 Superintendent of Police, Sonepur, Opposite Party no.3 on 17.11.2022 under Annexure-3. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the

// 2 // Opposite Party No.3 to consider the representation of the Petitioner under Annexure-3 within a stipulated period of time. 5.

Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, 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.3 to consider the representation of the Petitioner under Annexure-3 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-3 by passing a speaking and reasoned order.

7.

It is also directed that till a final decision is taken by the authority on the representation of the Petitioner under Annexure-3, the amount shall not be disbursed in favour of the claimants. Further, it is directed that in the event Opposite Party No.3 feels that opportunity of hearing will be provided to all claimants, it is open for him to provide such opportunity to all the claimants and take a final decision in the matter within the aforesaid stipulated time. 8.

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

9.

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