Disposed

Batakrushna Nayak v. State of Orissa

Orissa HC12 Oct 2017WP(C)/18455/2017

Case brief

AI extract

What is this about?

The Single Judge disposed of W.P.(C) No.18455 of 2017, directing the Collector, Kendrapara to dispose of a representation regarding a ration card issuance to a proposed son of the petitioner within two months after affording a hearing. An interim stay was ordered on further proceedings in an Execution Case pending the next date.

What did the court decide?

Direction to dispose of representation within two months; interim stay on execution case proceedings.

Batakrushna Nayak Vs State of Orissa — Writ and Judicial Review | Orissa HC (2017)

¶1

W.P.(C) No.18455 of 2017
12.10.2017
Advocate.

¶2

 Heard learned counsel for the petitioner and learned Addl. Government

¶3

 The grievance of the petitioner is that though he has submitted a representati
on before the Collector, Kendrapara (opposite party no.2) in Annexure-3 on 28.12.2015 to enqui
re into the matter of issuance of ration card in favour of the opposite party no.4 showing him
 to the son of the petitioner, which is contrary to the judgment passed in the Civil Suit No.1
96/1994, no action has been taken thereon by the opposite party no.2.

¶4

 In that view of the matter, the writ petition is disposed of. The opposite par
ty no.2 is directed to dispose of the aforesaid representation, after affording reasonable opp
ortunity of hearing to parties concerned, as expeditiously as possible, preferably within a pe
riod of two months from the date of production of certified copy of this order, by reasoned or
der. He shall act upon production of certified copy of this order. If any interim application
is filed by the petitioner for stoppage of extension of benefit under the ration card in favou
r of the opposite party no.4, the opposite party no.2 shall consider the same on merit and pas
s appropriate order even before hearing of the opposite party no.4, if it is found to be just
and proper by him.

¶5

 Urgent certified copy of this order be granted as per rules.

¶6

 S.K. Mishra, J.

¶7

Misc. Case No.21014 of 2016 Issue notice as above. Accept one set of process fee.

¶8

 In the interim, it is directed that the further proceeding in Execution Case N
o.229/2015 passed by the learned District Judge, Cuttack shall remain stayed till the next dat
e.

¶9

 Urgent certified copy of this order be granted as per rules.

¶10

S.K. Mishra, J.

¶11

W.P.(C) No.9126 of 2015 Heard in part.

¶12

 Because of non-production of the document, the matter could not be taken up fo
r further hearing.

¶13

 Hence, list it on 04.03.2016.

¶14

 Interim order dated 11.05.2015 is extended till the next date.

¶15

 A free copy of this order be handed over to Miss.Sabitri Ratho, learned Addl.
Government Advocate for compliance.

¶16

 S.K. Mishra, J.

¶17

Batakrushna Nayak v. State of Orissa

Case brief

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What did the court decide?

Batakrushna Nayak v. State of Orissa

Case brief

What is this about?

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