Biswanath Padhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

[ W.P.(C) No.34967 of 2022 Biswanath Padhan ....

Petitioner Mr. Ramdas Achary, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. B.P. Tripathy, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.12.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner as well as learned Additional Government Advocte appearing for the State-Opposite Parties. 3.

The present writ petition has been filed by the Petitioner with the following prayers:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to admit this application and issue rule NISI calling upon the Opp. Parties to show cause as to why the Petitioner should not be forthwith paid his outstanding dues as mentioned under Annexure-1 along with interest @ 12% per annum since the due date till payment, And if the Opp. Parties fail to show cause or show insufficient cause, make the said rule absolute by issuing a wring in the nature of mandamus directing the Opp. Parties to forthwith pay the Petitioner his outstanding dues as mentioned under Annexure-1 along with interest @ 12% per annum since the due date till payment, And further be pleased to pass any other order/orders, direction/directions as deem fit and proper."

// 2 // 4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation before the Opposite Party No.3 under Annexure-2, 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 Government Advocate 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 Petitioner 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 Petitioner under Annexure-2 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 Petitioner 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 Petitioner within a period of two weeks thereafter.

7.

Urgent certified copy of this order be granted on proper application. ( A.K. Mohapatra ) Judge Debasis