Dipankar Haldar vs. State Of Odisha - Orissa High Court, 18 February 2025

Cause title — parties, addresses and appearances

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.32694 of 2024 Dipankar Haldar ..... Petitioner Represented By Adv. - Durga Prasanna Mishra -versus- 1) State Of Odisha ..... Opposite Parties 2) Director Of Economic And Statistics, Odisha 3) Chief Commissioner Of Ct And Gst, Cuttack 4) Addl Commissioner Represented By Adv. – Mr.M.R.Mohanty,AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER 18.02.2025

Order No.

01.1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State- Opposite Parties. Perused the writ application as well as the documents annexed thereto.

The Petitioner has filed the present writ application with the following prayer:

“It is therefore prayed that this Hon’ble Court may graciously be pleased to issue writ of mandamus/certiorari or any other writ or direction which will deem just and proper to this case and further be pleased to issue notice the Opposite Parties calling upon them to file show cause as to why not considering Annexure-3 series regarding claim of the Petitioner for appointment under R.A. . Rules, 2020 on the death of the Petitioner’s mother during her duty for the ends of justice.

And further be pleased to direct the Opposite Party No.3 to disposed a representation on dated 03.01.2024 and any other order(s), direction(s) as would deem fit and proper;”

In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Commissionerate C.T. & GST Office, Cuttack, Opposite Party No.3 under Annexure-3 series. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-3 within a stipulated period of time.

Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, which is stated to be pending, in accordance with law within a stipulated period of time.

Considering the limited nature of grievance of the Petitioner, the Writ Petition is disposed of at the stage of admission with a direction to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-3 within a period of three months from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-3 keeping in view the law laid down by the Hon’ble Supreme Court in the case of Malayha Nanda Sethy vs. . State of Orissa and others : reported in 2022(II) OLR(SC)-1 by passing a speaking and reasoned order. The final decision so taken by the Opposite Party No.3 be also communicated to the Petitioner within 10 days thereafter.

With the aforesaid observation, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra )

Judge

RKS