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Orissa High CourtWP(C)/34642/2022disposed off

Durga Charan Padhi v. State Of Odisha

2022-12-22Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

[ W.P.(C) No.34642 of 2022 Durga Charan Padhi and others ....

Petitioners Mr. Biswajit Nayak, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. T.K. Pattnaik, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.12.2022 01.

1.

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

2.

Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel appearing for the State-Opposite Parties.

3.

The present writ petition has been filed by the Petitioners with the following prayers:- "It is therefore prayed that this Hon'ble Court may be graciously pleased to issue Rule Nisi calling upon the Opp. Parties to show cause why the said Rule shall not be made absolute. Upon return thereto hear the parties and/or their counsel and for insufficient cause this Hon'ble Court may be further pleased to direct the Opp. Party No.3 to make an inquiry in Bania Gram Panchayat Mandi with strict observation and take legal action against the violaters who are cheating innocent farmers for their personal gain.

Any other order/orders that may deem fit and proper be passed in the facts and circumstances of the case."

// 2 // 4.

It is submitted by learned counsel for the Petitioners that although the Petitioners have filed representation before the Opposite Party No.3 under Annexure-7, but the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

5.

Learned Additional Standing Counsel appearing for the StateOpposite Parties submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioners 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 disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.3 to consider the representation of the Petitioners under Annexure-7 in accordance with law within a period of six weeks from the date of production of certified copy of this order. It is needless to mention here that the representation of the Petitioners shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioners within a period of two weeks thereafter.

7.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Debasis