Orissa High Court
Bharat Ch. Swain vs State Of Odisha And Others on 19 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16650 of 2023
Bharat Ch. Swain .... Petitioner
Mr. L. Sahu, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. I. Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 19.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ petition as well as documents
annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"It is therefore prayed that the Hon'ble Court may
be graciously pleased to direct the Opp. Party No.1 to 5
to sanction/disburse the 3rd RACP benefit @ G.P.
Rs.4600/- in the scale of payoff Rs.9300-34,800 in PB-2
w.e.f. 01.01.2013 and also disbursing the consequential
arrear financial benefits as due and admissible in favour
of the petitioner as per representation filed by the
petitioner vide Annexure-8 keeping in view the decision
reported in State of Odisha and Another-vrs- Biharilal
and others in W.P.(C) No.2831 of 2016 and Ramesh
Chandra Deo-Vrs-State of Odisha & others in W.P.(C)
No.922 of 2021, for the interest of justice;
And may further be pleased to pass such
other/further writ/writs, directions/directions,
// 2 //
order/orders as deem fit and proper in fact and
circumstances of the case for the interest of justice and
equity;"
4. It is submitted by learned counsel for the petitioner that
although the petitioner has filed representation dated 06.02.2023
under Annexure-9 before the Divisional Forest Officer, Bamara-
Opposite Party No.5, 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 Opposite Party, on the other hand,
submits that he has no objection, if a direction is given to the
Divisional Forest Officer, Bamara-Opposite Party No.5 to consider
the representation of the petitioner in accordance with law within a
stipulated period of time.
6. Considering the submissions made, the limited nature of
grievance involved in the present writ petition, keeping in view the
case of the petitioner, this Court deems it proper to dispose of the
writ petition at the stage of admission with a direction to the
Divisional Forest Officer, Bamara-Opposite Party No.5 to consider
the representation of the petitioner 06.02.2023 under Annexure-9 in
accordance with law within a period of two months from the date of
production of certified copy of this order along with copies of the
judgments in the light of the judgment in the case of Ramesh
Chandra Deo vrs. State of Odisha and others in W.P.(C) No.933 of
2021 and 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. 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. Decision so taken on the said
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representation shall be communicated to the petitioner within a
period of two weeks thereafter.
7. 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
Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge
Reason: Authentication
Location: OHC, CUTTACK
Date: 20-May-2023 11:29:43
