Sarat Chandra Samal v. Supdt. Engineer,Baisingha Canal Div., Laxmiposi

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.39649 of 2021 Sarat Chandra Samal & Ors.

....

Petitioner(s) Mr. R. Nayak, Advocate -versusSupdt. Engineer, Mayurbhanj & Ors.

....

Opposite Party(s) Mr. S. Ghose, Additional Standing Counsel

CORAM:

JUSTICE BISWANATH RATH

ORDER

04.01.2022 Order No.

1.

1.

Considering the grievance of the Petitioner placed through its counsel, this Court is of the opinion that in the event the Petitioners involved herein had any grievance on the notices impugned herein, they should have resisted the same by filing objections instead of approaching this Court straightway. Keeping this in view, this Court in disposal of the writ petition as it is not entertainable at this stage, however permits the Petitioners to raise their individual objection to the impugned notice at least within a period of seven days hence alongwith 25% of the demanded amount. It is further directed that in the event any such objection is submitted before the competent authority alongwith 25% deposit of the demanded amount, the competent authority shall do well in examining the objections raised by the Petitioners vis-à-vis the condition binding both the parties in the agreement and thereafter

// 2 // passing a lawful order upon providing reasonable opportunity of hearing to the all the parties concerned.

2.

The entire exercise shall be completed within a period of four months from the date of filing of objection. It is further directed that no coercive action shall be taken against the Petitioners for a period of four & half months. It is further directed that deposit of 25% of the demanded amount shall be made by way of draft. (Biswanath Rath) Judge Ayaskanta Jena