Orissa High Court
Rajesh Biswal vs State Of Odisha & Ors. ..... Opposite ... on 22 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.41210 of 2023
Rajesh Biswal ..... Petitioner
Represented By Adv. -
Siba Prasad Patra
-versus-
State of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
S.K. Brahma, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
22.04.2025
I.A. No.5822 of 2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
A.S.C. for the State-Opp. Parties. Perused the I.A.
3. This Interlocutory Application has been filed by the
Petitioner seeking modification of order dated 21.12.2023 passed
in W.P.(C) No.41210 of 2023.
4. Learned counsel for the Petitioner at the outset contended
that while disposing of the writ application, this Court had granted
liberty to the Petitioner to approach the Opposite Party No.2 by
filing representation with a corresponding direction to the Opposite
Party No.2 to consider and dispose of the representation of the
Petitioner by passing a speaking and reasoned order by taking into
consideration the Rehabilitation and Resettlement Policy, 2006 of
the Govt. of Odisha. He further contended that pursuant to the
aforesaid order dated 21.12.2023, the Petitioner approached the
Opposite Party No.2 by filing a representation. However, the
Opposite Party No.2, by virtue of order dated 25.10.2024, disposed
of the representation of the Petitioner pursuant to the direction of
this Court thereby directing the Petitioner to approach the learned
Claims Commission in terms of the judgment of the Hon'ble
Supreme Court in SLP (C) No.6933 of 2007 for redressal of this
grievance. Learned counsel for the Petitioner, further referring to
the order of the Hon'ble Supreme Court passed in SLP (C)
No.6933 of 2007 on 10.02.2025, under Annexure-6 to the I.A.,
contended that as per the order of the Hon'ble Supreme Court no
further extension has been granted to the Claims Commission. As
such, the term of the Claims Commission has expired in the
meantime. Thus, learned counsel for the Petitioner submitted that
the order passed by the Opposite Party No.2 is an inexecutable one.
In such view of the matter, learned counsel for the Petitioner
further contended that the Petitioner has become remediless despite
the order passed by this Court on 21.12.2023.
5. On a careful analysis of the order dated 10.02.2025 passed
by the Hon'ble Supreme Court of India in SLP (C) No.6933 of
2007, it appears that the Hon'ble Supreme Court has directed that
the Claims Commission shall be deemed to have been formally
closed w.e.f. 03.01.2025. Therefore, no application shall be
entertained by the learned Claims Commission after the same is
closed pursuant to the order of the Hon'ble Supreme Court. On a
further scrutiny of judgment of the Hon'ble Supreme Court in SLP
(C) No.6933 of 2007 dated 03.01.2025 it is revealed that in para-26
of the judgment, the Hon'ble Supreme Court has categorically
observed that it shall be open for the applicant/claimants to raise
the issues, as may be permissible under the law, before the
concerned authorities of the State, in view of the directions given
by the Hon'ble Supreme Court in its judgment dated 03.11.2024.
6. Learned counsel for the State on the other hand does not
dispute the position and the direction issued by the Hon'ble
Supreme Court as has been discussed hereinabove.
7. In view of the aforesaid position and the subsequent
development, the Opposite Party No.2 is hereby directed to recall
his order dated 25.10.2024 under Annexure-4 to the I.A. It is
further directed that the grievance of the Petitioner shall be
considered in terms of the judgment dated 03.01.2025 passed by
the Hon'ble Supreme Court in M.A. No.2662 of 2023 and M.A.
No.231 of 2019 arising out of SLP (C) No.6933 of 2007 under
Annexure-5 to the I.A. within a period of three months from the
date of communication of a certified copy of this order.
8. Accordingly, the I.A. stands allowed.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 23-Apr-2025 14:34:40
