Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 208 (ORI)

SIKHA MOHARANA @ MAHARANA v. STATE OF ODISHA

WP(C)/34716/2025 · 2026-01-12

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 34716 of 2025 Sikha Moharana @ Maharana ..... Petitioner Mr. S.K. Baral, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. A. Tripathy, AGA CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 12.01.2026 Order No. 02 1. This matter is taken up through hybrid mode. 2. On the oral prayer made by the learned counsel appearing for the Petitioner, he is permitted to implead the Director, Health and Welfare Dept. as Opp. Party No. 6 in Court. Such prayer is allowed. 3. Heard Mr. S.K. Baral, learned counsel appearing for the Petitioner and Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for the Opp. Parties. 4. The present writ petition has been filed inter alia with the following prayer:- “In the above stated facts and circumstances, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, issue notice to Opp. Parties and after hearing the parties this Hon'ble Court may kindly be pleased issue a writ for compensation (mentioning 20 lakh as demanded) to be paid by the SCBMCH, Cuttack/Opp. party authorities (erring staff/doctors), more particularly Opp. party No-2, the Superintendent of SCBMCH, Cuttack to the Page 2 of 2. petitioner and issue a writ of mandamus or other orders directing inquiry by an expert medical board and subsequent action against those found negligent. And may pass any other order/orders as may deem fit and proper in the interests of justice and equity; And for this act of kindness, the petitioner shall as in duty bound aver pray.” 5. It is contended that claiming grant of compensation, Petitioner though has moved Opp. Party No. 3 under Annexure-5 with service of copies on all concerned, but no decision is being taken on the same. 6. Learned Addl. Govt. Advocate on instruction however contended that Petitioner is not eligible and entitled to get the benefit of compensation as she has been properly treated in SCB Medical College & Hospital, Cuttack. 7. Having heard learned counsel appearing for the Parties and considering the submission made, this Court while disposing the writ petition, permits the Petitioner to make a detailed application before Opp. Party No. 6 for its consideration in accordance with law. 7.1. It is observed that, if any such application is moved before Opp. Party No. 6 within a period of three (3) weeks hence, the said Opp. Party shall do well to take a lawful decision on the same within a further period of three (3) months from the date of receipt of such application with due communication to the Petitioner. 8. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha