Prakash Kumar Dash vs State Of Odisha And Others
2022 Latest Caselaw 1706 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.3032 of 2022

                 Prakash Kumar Dash                       ....            Petitioner
                                                         Mr. R. Mohanty, Advocate
                                              -versus-
                 State of Odisha and others               ....     Opposite Parties
                                                           Mr. Y.S.P Babu, A.G.A.
                                         CORAM:

                            JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                  08.03.2022
    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.

3. The present writ petition has been filed by the Petitioner with a direction to the Opposite Parties to continue to extend the benefits of RACP to the petitioner in conformity with the order dated 19.01.2018 as per under Annexure-4.

4. The Petitioner ventilating his grievance has filed a representation dated 03.12.2021 before the Collector, Nayagarh under Annexure-7, which is stated to be pending and it is also submitted by the learned counsel for the Petitioner that the Opposite Parties be directed to consider the case of the Petitioner as per the settled law decided in the case of State of Odisha-vrs.-Biharilal Barik decided by this Court in W.P.(C) No.20358 of 2017 decided on 23.08.2017.

5. Considering the limited nature of prayer of the Petitioner and // 2 //

considering the fact that the representation of the Petitioner is pending before the authority, the Collector, Nayagarh (Opposite Party No.5) shall do well to consider and dispose of the representation dated 03.12.2021 filed by the Petitioner within a period of two months from the date of receipt of a certified copy of this order. The decision so taken shall be communicated to the Petitioner within a period of two weeks from the date of such decision. The representation of the Petitioner shall be considered by the Opposite Party No.5 in the light of the judgment in the case of State of Odisha-vrs.-Biharilal Barik decided by this Court in W.P.(C) No.20358 of 2017 decided on 23.08.2017. The writ petition stands disposed of directing the Competent Authority to dispose of the case of the petitioner by undertaking the entire exercise within a period of two months from the date of communication.

6. Petitioner is directed to serve an extra copy of the brief on Mr. Y.S.P Babu, learned Additional Government Advocate for the State for communication purpose.

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

( A.K. Mohapatra ) Judge Jagabandhu