Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 2701 of 2021 Rabinarayan Swain ..... Petitioner Ms. S. Biswal, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. S.P. Das, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 09.03.2026 Order No. 16 1. This matter is taken up through hybrid mode. 2. Heard Ms. S. Biswal, learned counsel appearing for the Petitioner and Mr. S.P. Das, learned Addl. Standing Counsel appearing for the Opp. Parties. 3. The present writ petition has been filed inter alia challenging order dtd.05.01.2021 so issued under Annexure-1 by Opp. Party No. 3. Vide the said order claim of the Petitioner to get the benefit of compensation because of loss sustained by him on account of cyclone “FANI” was rejected on the ground that such loss since is up to 30%, Petitioner is not eligible and entitled to get the benefit. 4. Placing reliance on the counter affidavit filed by Opp. Party No. 6, more particularly the report available under Annexure-D/6 dtd.06.11.2019, learned counsel appearing for the Petitioner contended that persons having loss to the tune of 20%, have got the benefit, whereas Petitioner with having 30% loss has been discriminated with rejection of his claim. It is also contended that Petitioner’s claim is not covered under the MKUY scheme and none of the beneficiaries affected because of the cyclone “FANI” are under the said scheme. Page 2 of 2. 4.1. Making all these submissions, learned counsel appearing for the Petitioner contended that the ground on which Petitioner’s claim has been rejected, is not sustainable in the eye of law and taking into account the documents enclosed to the counter affidavit filed by Opp. Party No. 6 vide Annexure-D/6, claim of the Petitioner is required to be considered afresh. 5. Learned Addl. Standing Counsel also fairly contended that Opp. Party No. 3 be directed to take a fresh decision on the Petitioner’s claim taking into account the report submitted by the CDVO under Annexure-D/6. 6. Having heard learned counsel appearing for the Parties and considering the submission made, this Court while quashing order dtd.05.01.2021 under Annexure-1 so passed by Opp. Party No. 3 under Annexure-1, directs the said authority to take a fresh decision on the Petitioner’s claim taking into account the report prepared by the CDVO, Cuttack-Opp. Party No. 6 vide Annexure-D/6 and the submission of the learned counsel for the Petitioner that he is not covered under the aforesaid scheme. 6.1. This Court directs Opp. Party No. 3 to take a fresh decision within a period of two (2) months from the date of receipt of this order. Petitioner is permitted to provide a copy of this order along with the report available under Annexure-D/6 and any other supporting documents, if any before Opp. Party No. 3 for compliance. 7. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha