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2026 DAILYLAW 4769 (ORI)

BABAJI NAYAK v. STATE OF ODISHA

WP(C)/5902/2026 · 2026-02-24

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.5902 of 2026 Babaji Nayak ..... Petitioner Represented by Adv. - Suryakanta Dwibedi -versus- State Of Odisha & Others ..... Opposite Parties Represented by Adv. 3 Mr. C.M. Singh, ASC CORAM: THE HON9BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 24.02.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: <It is therefore most humbly prayed that this Hon'ble Court may graciously be pleased to admit this writ application, call for the records and after hearing the parties appropriate direction may issue to the Opp. Party No. 3 to disburse the financial assistance to the petitioner on account the death of his son, by passing Writ/Writs in the nature of Certiorari/Mandamus in the greater interest of justice. And further be please to appropriate direction may be issued to the Opp. Party No. 3 to consider the representation under Annexure-3(series) in the greater interest of justice.= 4. It is stated by the learned counsel for the Petitioner that the Page 2 of 3. Petitioner has already approached the District Education Officer, Nabarangpur- the Opposite Party No.3 for redressal of his grievance by filing a detailed representation dated 27.12.2025. However, no final decision has been taken on such representation by the Opposite Party No.3. As a result of which, the Petitioner is facing a lot of difficulties. 5. Learned counsel for the State on the other hand contended that although he has no specific instruction in the matter, however, on perusal of the representation at Annexure-3, it appears that there exists a rival dispute between two sides with regard to final benefits of a deceased of Government employee. He further submitted that in the event this Court directs the Opposite Party No.3-the District Education Officer, Nabarangpur to consider the grievance of the Petitioner, then before taking any final decision the Opposite Party No.3 be directed to provide opportunity of hearing to all concern and he will have no objection to the same. 6. Having regard to the submission made by the learned counsels appearing for both sides, on a careful examination of the background facts, and the grievance involved in the present writ petition, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party No.3 to consider the representation of the Petitioner dated 27.12.2025 at Annexure-3 to the writ petition by passing a speaking and reasoned order within eight weeks from the date of communication of a copy of today9s order. It is further directed that before taking any final decision the Opposite Party No.3 shall do well to provide opportunity of hearing to the parties who are likely to be affected by the final order, likely to be passed by the Opposite Party No.3. Page 3 of 3. The final decision so taken by the Opposite Party No.3 be communicated to all concerns within ten days thereafter. 7. With the aforesaid observations/ directions, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra) Judge Suchitra Designation: Junior Stenographer