Maheswar Pradhan And Others vs State Of Odisha And Others
2023 Latest Caselaw 10834 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P (C) No. 22203 of 2014

Maheswar Pradhan and others            .....                                  Petitioners
                                                               Mr. B.S. Tripathy, Adv.
                                       Vs.
State of Odisha and others             .....                           Opposite Parties
                                                                Mr. A.K. Mishra, AGA
              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                              ORDER

04.09.2023 Order No. This matter is taken up by hybrid mode.

06.

2. Heard Mr. B.S. Tripathy, learned counsel for the petitioners and Mr. A.K. Mishra, learned Addl. Government Advocate appearing for the State-opposite parties.

3. The petitioners have filed this writ petition seeking direction to the opposite parties to enhance the compensation/ex-gratia amount in their favour, as has been granted in favour of similarly situated persons.

4. Mr. B.S. Tripathy, learned counsel for the petitioner contended that similarly situated persons, namely, Akula Garanayak and others had approached this Court by filing W.P.(C) No. 3225 of 2009, which was disposed of by this Court, vide order dated 15.03.2010, by which this Court, set aside the order dated 19.12.2008 passed in L.A. Case No. 961 of 2006 with a direction to the Zone Officer, Deogarh to re-determine the awarded amount within a period of two months and disburse the same to the petitioners immediately, as the matter is of the year 1995. Against the said order, though the State Government preferred S.L.P.(C) No. 29792 of 2010, but the same was dismissed by the apex Court, vide order dated 08.05.2012. As a consequence thereof, the benefit has already been extended to the similarly situated persons, namely,

Akula Garanayak and others. It is contended that since the petitioners stand on the same footing, the benefit should have been given to them at par with tht Akula Garanayak and others. It is, therefore, contended that the petitioners may be permitted to move an application before the authority incorporating the judgment passed by this Court, which has been affirmed by the apex Court, and direction may be given to the authority to consider the same in accordance with law, to which Mr. A.K. Mishra, learned Addl. Government Advocate appearing for the State-opposite parties has raised no objection.

5. In view of the above submission, this writ petition stands disposed of permitting the petitioners to file a representation before the opposite party no.5 ventilating their grievance along with the judgment passed by this Court, which has been affirmed by the apex Court within a period of 15 days hence. If such application is filed, opposite party no.5 shall consider the same and pass appropriate order in accordance with law within a period of three months from the date of its receipt.

               Ashok                                                      (DR. B.R. SARANGI)
                                                                                JUDGE


                                                                             (M.S. RAMAN)
                                                                                JUDGE




Signature Not Verified
Digitally Signed

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 05-Sep-2023 14:40:59