Disposed

Nrusingha Charan Padhi v. State of Orissa

Orissa HC14 Sept 2016WP(C)/8782/2016

Case brief

AI extract

What is this about?

The Court directed the Collector and District Magistrate to consider the petitioner's representation regarding the cancellation of his AAY ration card and allow a personal hearing, without expressing an opinion on his actual entitlement.

What did the court decide?

Direction to Collector and District Magistrate to consider petitioner's representation after personal hearing within four weeks.

06. 14.09.2016 This writ application has been filed by the petitioner challenging the order passed by the Sub-Collector, Jagatsinghpur dated 1.6.2015 under Annexur e-1. After considering the enquiry report of the Marketing Inspector, Biridi, AAY ration card which was issued in favour of the petitioner was cancelled and one Seshadeva Padhi, who is the brother of the petitioner was allowed to receive AAY rice and other PDS commodities.

Learned counsel for the petitioner contended that the office of Puran Gram Panchayat intimated to B.D.O., Biridi Block vide letter dated 12.08.2014 that the petitioner is entitled to get the benefit of AAY. As per the Annexure-2 B.D.O., Biridi proposed the name of the petitioner to get the benefit which was also approved by the Collector and District Mag istrate, Jagatsinghpur under Annexure-3. Learned counsel for the petitioner contented that the re was dispute between petitioner and his brother Seshadeva Padhi for which the later submitte d a representation containing false allegations basing on which an enquiry was conducted by on e Mochiram Das, Marketing Inspector, Biridi and without hearing the petitioner, the enquiry re port was prepared which was also accepted and the name of the petitioner was struck down which is against the principle of natural justice.

Learned counsel for the petitioner further submitted that the petitioner may b e given opportunity to highlight his grievances by way of filing representation before the Col lector and District Magistrate, Jagatsinghpur and direction may be given to the Collector to c onsider the same in accordance with law.

Learned counsel for the State has absolutely no objection to such prayer. Considering the submissions, it is directed that in case any representation is made within fifteen days hence by the petitioner before the Collector and District Magistrate , Jagatsinghpur indicating his grievances against the order of the Sub-Collector, Jagatsinghpu r dated 1.6.2015 under Annexure-1, the same shall be duly considered by the Collector and Dist rict Magistrate, Jagatsinghpur after giving personal hearing to the petitioner in accordance w ith law within four weeks of the filing of the representation petition.

It is made clear that this Court has not expressed any opinion on the entitlem ent of the petitioner to get the AAY benefit and the Collector and District Magistrate, Jagats inghpur is free to decide the representation in accordance with law. Accordingly, the writ petition is disposed of.

`03.` `Case`	`30.09.2011 Misc. Case No.2143 of 2011` `In view of the order passed today in CRLMC No.3252 of 2011, this Misc.` `is also disposed of.`
	`....` `I. Mahanty,J.`
`Case`	`04. 21.09.2011 Misc. Case No.1772 of 2011` `In view of the order passed today in CRLMC No.2725 of 2011, this Misc.` `is also disposed of.`
	`....` `I. Mahanty,J.`
`eriod`	`The N.B.W. issued against the petitioner shall not be executed for a p` `of three weeks from today.`

03.

Case

30.09.2011 Misc. Case No.2143 of 2011
In view of the order passed today in CRLMC No.3252 of 2011, this Misc.
is also disposed of.

....
I. Mahanty,J.

Case

04. 21.09.2011 Misc. Case No.1772 of 2011
In view of the order passed today in CRLMC No.2725 of 2011, this Misc.
is also disposed of.

....
I. Mahanty,J.

eriod

The N.B.W. issued against the petitioner shall not be executed for a p
of three weeks from today.

Nrusingha Charan Padhi v. State of Orissa

Case brief

What is this about?

What did the court decide?

Nrusingha Charan Padhi v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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