Mrs. Harapriya Mishra vs State Of Odisha And Others
2023 Latest Caselaw 2830 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No.9609 of 2023
                 Mrs. Harapriya Mishra                   ....        Petitioner
                                                            Mr. M. Pratap @
                                            Pratap Kumar Mohapatra, Advocate

                                              -versus-

                 State of Odisha and others              ....        Opp. Parties
                                                         Mr. Arnav Behera, ASC


                              CORAM:
                             JUSTICE A.K. MOHAPATRA
                                         ORDER

Order No.                               05.04.2023

    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-Opposite Parties.

3. The present writ petition has been filed by the Petitioner with the following prayers:-

"It is, therefore, prayed before the Hon'ble Court to allow the Petition, AND,

(i) Further be pleased to issue Writ of Certiorari or any other appropriate Writ(s)/direction(s)/order(s) to quash Letter No.3261 dt. 06.02.2018 of Under Secretary to Govt., Finance Department due to violation of Sec. 372 of the Indian Succession Act, 1925, Art. 166(1) of the Constitution of India and Rule-11 of the Rules of Business, Govt. of Odisha read with ratio of Judgment of Supreme Court AIR 1963 SC 395 -Bachhittar Singh Vrs. State of Punjab and 2010 AIR SCW 348-Shiva Shankar Mohapatra Vrs. State of Odisha, // 2 //

AND,

(ii) Further be pleased to issue Writ of Mandamus or any other appropriate Writ(s)/direction(s)/order(s) to direct O.P. No.1 to cancel, modify and correct the Letter No.3261 dt. 06.02.2018 of Under Secretary to Govt., Finance Department due to violation of Sec. 372 of the Indian Succession Act, 1925, Art. 166 (1) of the Constitution of India and Rule-11 of Rules of Business, Govt.of Odisha, AND

(iii) Further be pleased to issue Writ of Mandamus or any other appropriate Writ(s)/direction(s)/order(s) to direct O.P. No.4 to sanction, draw and disburse the Family Pension to the Petitioner with all due arrear in view of Legal Heir Certificate as well as survival list of Family Member of deceased of Subash Chandra Mishra, AND

(iv) Further be pleased to declare the Letter No.2804 dt.23.09.2020 of Revenue and DM Department as bad in law being mere Post Office to decide the Petitioner is ineligible, AND

(v) Further be pleased to pass any other order(s)/direction(s) as deems fit and proper in the facts and circumstances of the case."

4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-20 before the Opposite Party No.1, 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 counsel for the State 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 // 3 //

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.1 to consider the representation of the Petitioner under Annexure-20 in accordance with law within a period of two months 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.

( A.K. Mohapatra) Judge Debasis