Orissa High Court
Pradeep Kumar Prusty vs State Of Orissa And Others ..... ... on 2 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8924 of 2025
Pradeep Kumar Prusty ..... Petitioner
Represented By Adv. -
Prafulla Chandra
Acharya
-versus-
State Of Orissa and others ..... Opposite Parties
Mr. S.K. Parhi, ASC
Mr. L.K. Moharana,
Adv. for TPCODL
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
02.04.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. On the prayer of learned counsel for the Petitioner, he is
permitted to add the Collector, Mayurbhanj as Opposite Party No.5 in
the writ application.
3. The prayer for correction is allowed. A corrected copy of the
cause title be uploaded by day after tomorrow (04.04.2025).
4. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel for the State-Opposite Parties and Mr.
L.K. Moharana, learned counsel for TPCODL. Perused the writ
application as well as the documents annexed thereto.
5. The Petitioner has filed the present writ application with the
following prayer:
"The petitioner, therefore prays that your
Lordship's would be graciously pleased to admit this
case, call for the records from the opposite parties and
after hearing the parties allow the same with cost and
issue writ in the nature of mandamous/ certiorari
or/any other or/further writ(s)/directions, directing the
opp.parties specifically opp. Party Nos.2 and 3 to shift
the pole from the petitioner's plot No.469/3682, Khata
No.473/1670 of Mouza/Tahasil-Karanjia, Dist.
Mayurbhanj within a specified period or may direct
the opp. Parties to take decision on the representation
under Annexure-2 and 3 within a specified period or
may pass any other order as this Hon'ble court deems
fit and proper;"
6. In course of hearing, learned counsel for the Petitioner submits
that the Petitioner may be granted liberty to file a fresh representation
ventilating his grievance before the Collector, Mayurbhanj, Opposite
Party No.5 which may be considered within a stipulated period of
time in accordance with law.
7. Learned Additional Standing Counsel & learned counsel for
the TPCODL on the other hand submit that they have no objection if
liberty is granted to the Petitioner to file a fresh representation before
the Opposite Party No.5 and the same is considered and disposed of
in accordance with law.
8. In view of the aforesaid limited nature of grievance of the
petitioners, this Court disposes of the writ petition granting liberty to
the Petitioner to file a fresh representation before the Opposite Party
No.5 ventilating his grievance within a period of two weeks. If such a
representation is filed within the time stipulated, the same shall be
considered taking into consideration the judgment of a Division
Bench of this Court in The Executive Engineer (Electrical),
TPCODL Bhubaneswar Electrical Division, Bhubaneswar & Anr.
vs. Smt. Soubhagini Patra & Anr. in W.P.(C) No.21035 of 2021
judgment dated 14.03.2023 and disposed of such representation by
the Opposite Party No.5 within a period of four weeks from the date
of filing representation by passing a speaking and reasoned order. It
is further directed that while considering the representation of the
Petitioner, the Collector, Mayurbhanj, Opposite Party No.5 shall
provide an opportunity of hearing to the Petitioner before taking any
final decision. The decision so taken on the same shall be
communicated to the Petitioner within a period of ten days from the
date of taking such a decision.
9. With the aforesaid observations/ directions, the writ
application stands disposed of.
10. Issue urgent certified copy of this order as per Rules after
uploading the corrected copy of the cause title.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack Page 3 of 3.
