Orissa High Court
Chhitadipta Jena And Others vs This Matter Is Taken Up Through ... on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14415 of 2023
Chhitadipta Jena and others .... Petitioners
Md. Golam Madani, Advocate
-versus-
The G.M., O.S.A.M. Board, Odisha .... Opp.Parties
& others
Mr.T.Patnaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 09.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the learned
Additional Standing Counsel. Perused the Writ Petition as well as the
documents annexed thereto.
3. The present Writ Petition has been filed with the following
prayer :
" In view of the above, it is humbly and most
respectfully prayed that this Hon'ble Court may kind enough
to direct the General Manager, O.S.A.M, Board, Odisha,
Bhubaneswar, Opp. Party No.1 to consider and dispose of the
letter of the Opp.Party No.2 under annexure-1 as relates to
compliance of the order dated 31.10.2022 passed in W.P.(C)
No.28511 of 2022 in exercise of the writ jurisdiction of this
Hon'ble Court for the interest of justice.
And pass any other order(s) direction(s) as this Hon'ble
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Court may deem fit and proper for the interest of justice."
4. It is submitted by the learned counsel for the Petitioner that
earlier the Petitioner approached this Court by filing W.P.(C)
No.28511 of 2022, which was disposed of by this Court vide order
dated 31.10.2022 by directing the Opposite Party No.1 to consider
the case of regularization of the Petitioner, which was pending before
the Chairman, Regulated Market Committee, Jagatsinghpur in the
light of the judgment referred to in order dated 31.10.2022 within a
period of eight weeks. Further, it is contended by the learned counsel
for the Petitioner that in course of such consideration, the Chairman,
R.M.C.-cum-Sub-Collector, Jagatsinghpur has written a letter on
05.12.2022 to the General Manager, O.S.A.M. Board, Odisha
seeking clarification. He further contended that the General Manager
OSAM Board has not taken any decision on the letter dated
05.12.2022./ Accordingly, no final decision has been taken as of
now.
5. Learned Additional Standing Counsel on the other hand
submitted that he will have no objection if the General Manager,
OSAM Board, Odisha is directed to take a decision on the letter of
the Chairman, R.M.C.-cum-Sub-Collector, Jagatsinghpur, if such a
letter is pending before the General Manager, OSAM Board within a
stipulated period of time in accordance with law.
6. Considering the aforesaid submissions as well as on perusal of
the background facts of the present case and keeping in view the
order passed by this Court earlier on 31.10.2022, this Court deems it
proper to dispose of the Writ Petition at the stage of admission by
directing the General Manager, OSAM Board, Opposite Party no.1 to
take a decision on the letter of Chairman, R.M.C.-cum-Sub-Collector
Jagatsinghpur dated 05.12.2022, if the same is still pending before
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him within a period of four weeks from the date of production of
copy of the order. Such decision be also communicated to the
Petitioner within two weeks thereafter.
7. With the aforesaid observation/direction the Writ Petition
stands disposed of.
RKS ( A.K. Mohapatra, )
RAMESH Digitally signed by Judge
RAMESH KUMAR
KUMAR SINGH
Date: 2023.05.10
SINGH 18:13:13 +05'30'
