Salima Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.35698 of 2022 Salima Rout ....

Petitioner Mr. Amitav Das, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. S.N. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.12.2022 W.P.(C) No.35698 of 2022 & I.A. No.17648 of 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 counsel for the State. Perused the record.

3.

The present writ petition has been filed by the petitioner with the following prayers:

"It is, therefore, most humbly and respectfully prayed that this Hon'ble Court may graciously be pleased to issue Rule NISI calling upon the opp.parties to show cause as to why :-

1. The office order no.2231 dtd.19.12.2022 issued by Collector, Balasore under Annexure shall not be quashed after declaring them as illegal;

2. The opp.parties shall not be directed to allow the petitioner to continue at Khaira as BSSO till the end of the March, 2023;

3. The Op. Party No.2 shall not be directed to take decision on the representation of the petitioner under Annexure-6 within a

// 2 // stipulated period.

If the opp.parties fails to show cause or show insufficient cause, the Rule may be made absolute; And pass any other order/orders as would be deemed fit and proper;"

4.

It is further submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 20.12.2022 under Annexure-6 before the Collector and District Magistrate, Balasore-Opposite Party No.2, 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 counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Collector and District Magistrate, Balasore-Opposite Party No.2 to consider the representation of the petitioner dated 20.12.2022 under Annexure-6 in accordance with law within a period of four 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.

// 3 // 7.

Order under Annexure-3 shall not be given effect to for a period of four weeks and nobody will be joined in his old place of posting of the petitioner.

8.

With the aforesaid observation/direction, the writ petition is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu