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2025 DAILYLAW 9161 (ORI)

UPENDRA BEHERA v. STATE OF ODISHA

WP(C)/2148/2025 · 2025-01-31

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.2148 of 2025 Upendra Behera ..... Petitioner Represented By Adv. – Mr. Raghunath Dasmohapatra -versus- 1) State Of Odisha, represented through its Principal Secretary, Panchayati Raj & Drinking Water Department, Bhubaneswar. ..... Opposite Parties 2) The Collector, Puri 3) Block Development Officer, Astaranga 4) JEE-II, RWSS, Astaranga Represented By Adv. – Mr. U.C. Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 31.01.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “It is therefore prayed that let this Hon'ble Court may graciously be pleased to admit this writ petition, Page 2 of 3. issue notice the Opp. Parties and after hearing counsel of the parties allow this writ petition, directing the Opp. Party No.3 to consider the representation under Annexure-6, release salary to the petitioner within a stipulated period. And also not retrench the petitioner from service without following the due procedure of law. And any other or further order may kindly be passed for the interest of justice.” 4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation dated 04.12.2023 under Annexure-6 before the Opposite Party No.3, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now. 5. Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time. 6. Considering the submission made by the learned counsel appearing for the Petitioner and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.3 to consider the representation of the Petitioner dated 04.12.2023 under Annexure-6 in accordance with law within a period of six weeks from the date of production of a certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Page 3 of 3. Petitioner within a period of two weeks thereafter. It is further directed that no coercive action shall be taken against the Petitioner for a period of three months or till disposal of the representation. ( A.K. Mohapatra) Judge Debasis