Prabhudatta Purohit ` vs State Of Odisha & Ors .... Opposite ...
2025 Latest Caselaw 6670 Ori

Orissa High Court

Prabhudatta Purohit ` vs State Of Odisha & Ors .... Opposite ... on 4 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                WP(C) No. 7432 of 2025

            Prabhudatta Purohit         `....                     Petitioner
                                                          Represented by
                                                         Mr. T.P.Tripathy,
                                                                 Advocate
                                         -Versus -
            State of Odisha & Ors         ....              Opposite Parties
                                                           Represented by
                                                                     AGA


                        CORAM:
                          JUSTICE SASHIKANTA MISHRA
                                         ORDER_
Order No.                                04.04.2025
   02.
              1.

This matter is taken up through hybrid mode.

2. As per order dated 27.09.2024 passed in W.P.(C). No. 22938 of 2024, this Court inter alia directed as follows:

4. This Court finds that highlighting his grievance, the petitioner has already approached the Collector by submitting a representation, which appears to have been received in the Collectorate on 27.08.2024. It is submitted that said representation is pending.

5. Since it is for the concerned authority to consider the matter at the first instance, the writ petition is disposed of directing the Collector, Balangir to consider the representation dated 27.08.2024 submitted by the petitioner in accordance with law and in light of the judgment passed in Ashis Kumar Debta (supra) within a period of four weeks from the date of receipt of certified copy of this order after granting opportunity of hearing to the petitioner.

The Collector however, as per order dated 26.12.2024 delegated the matter to his subordinate authority inter alia with the following directions.

In the premises as above, it is observed from the report of the CDO-cum-EO Zilla Parishad, Balangir, that, clarification/instruction is awaited-in similar cases from the Panchayati Raj & Drinking Water Department Government of Odisha. Hence, I am of the opinion that, the CDO-cum-EO, ZP, Balangir shall consider the representation of the petitioner according to the clarification/instruction as received from the Panchayati Raj & Drinking Water Department Government of Odisha. This case is disposed of accordingly. Intimate the Advocate General, Odisha, Cuttack, CDO-cum-EO, Zilla Parishad, Balangir, Block Development Officer, Agalpur & the petitioner.

3. This clearly amounts to overreaching the direction of this Court inasmuch as it was specifically directed that the Collector shall dispose of the representation. Needless to mention, the Collector, Balangir has no authority to further delegate such direction to any other authority. The writ application is therefore, disposed of by setting aside order dated 26.12.2024 passed by the Collector and directing him to strictly abide by the order passed by this Court in the earlier writ application quoted above. If any clarification is required from the Government, the same may be obtained and decision be taken on the representation of the petitioner as early as possible, preferably within a period of six weeks from today under intimation to the petitioner.

Signed by: DEEPAK PARIDA                                                            Judge

     Deepak
Location: OHC,Cuttack
Date: 04-Apr-2025 19:20:45