Disposed

Sunanda Das v. State of Orissa

Orissa HC15 Nov 2018WP(C)/15278/2018

Case brief

AI extract

What is this about?

Single judge hearing a writ petition challenging a development proposal where the petitioner alleged involvement of an MLA on the Committee. The court directed the petitioner to file an objection within ten days to the Secretary and, if satisfied, to refer the matter to another competent authority before a final decision is taken.

What did the court decide?

Petitioner permitted to file objection within ten days to reach decision before any final decision on proposal under Annexure-5 is taken.

Sunanda Das Vs State of Orissa — Property and Title | Orissa HC (2018)

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W.P.(C) No.15278 of 2018

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15.11.2018

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Heard Shri Mohanty, learned counsel for the petitioner and Shri Mishra, learned Additional Standing Counsel.

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By filing this writ petition while challenging the development through the proposal under Annexure-5, learned counsel for the petitioner taking this Court to the provision contained in the resolution issued by the Panchayati Raj Department dated 17.05.2013 under Annexure-1, submits that not only the decision impugned is bad in law but for there is an allegation against the M.L.A. being a member of the Committee under the resolution, required to take a decision in such matters, allegation of the petitioner may be considered by any other authority without involving the M.L.A.

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Perusal of the provision contained in the resolution under Annexure-1 and further considering the ground no.8 taken in the writ petition, this Court finds, the petitioner, as of now, has not submitted any such application/objection in the matter of proposal submitted for approval. In such view of the matter, this Court while disposing the writ petition permits the petitioner to file her objection within a period of ten days hence before the Secretary, Panchayati Raj Department for taking a decision on her allegation by anybody else than the committee provided under the resolution and if satisfied, will refer the matter to any other competent authority to take an appropriate decision but before any final decision on the proposal under Annexure-5 is taken. This order is, however, in the event, final decision on the proposal under Annexure-5 has not been taken as of now.

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It is further directed that such exercise shall be concluded within a period of six weeks from the date of filing of the objection. Opportunity of hearing and personal appearance shall be provided to the petitioner at the time of consideration of his objection by the Secretary, Panchayatiraj Department.

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The writ petition stands disposed of with the above direction.

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Issue urgent certified copy on proper application.

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.…….……………..…

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(Biswanath Rath, J.)

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Ayas

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Sunanda Das v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sunanda Das v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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