Sanatan Sahu v. Transport Commissioner Cum Chairman, Sta, Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.32722 of 2022 Sanantan Sahu ....

Petitioner -versusTransport Commissioner -CumChairman, STA, Cuttack & Anr. ....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

15.12.2022

02. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. Sarthak Pradhan, learned counsel for the Petitioner and Mr. Pravakar Behera, learned Standing Counsel appearing for the Opp. Parties.

3. It is contended that the son of the present Petitioner having died in a motor accident, he made necessary application seeking grant of compensation as well as solatium and the said claim was duly allowed by the Claim Settlement Commissioner vide order dtd.28.04.2022 under Annexure-4. In spite of such order when the amount was not released in favour of the Petitioner, the Petitioner when enquired about the same, it was intimated vide Annexure-6 and 7 that the amount so sanctioned in favour of the Petitioner since has been credited to a wrong account. Steps are being taken to recover the amount and consequential release in favour of the Petitioner. In spite of such communication issued under Annexure-6 & 7, when the Petitioner was not released, Petitioner moved the

// 2 // Claim Settlement Commissioner under Annexure-8 series and now the present writ petition.

4. Mr. Behera, learned Standing Counsel on instruction admitted that in fact the amount so sanctioned in favour of the Petitioner vide order at Annexure-4 has been wrongly credited to an account number as reflected in the communication dtd.06.07.2022 under Annexure-7. However, it is fairly submitted that if four (4) weeks time will be allowed, then the amount so sanctioned vide order at Annexure-4 will be released in favour of the Petitioner and the Opp. Parties be granted liberty to recover the amount, which has been wrongly credited to Account No. 57848100001317.

5. In view of such submission made by the learned counsel for the Parties, this Court while disposing the writ petition, directs the Opp. Parties to release the sanctioned amount of Rs. 2,00,000/- (Rupees two lakhs) in favour of the Petitioner within a period of four (4) weeks from today. Opp. Parties are at liberty to recover the amount so wrongly credited to the aforesaid account number in accordance with law.

6. The writ petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha