Allowed

Suresh Behera v. Odisha Forest Development Corporation Ltd.

Orissa HC16 Sept 2019WP(C)/15575/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a cashew plantation owner who suffered damage from Cyclone Fani. The Court directed the Director (Operation) to place the grievance before the Board of Directors for a decision and set aside the rejection of the representation.

What did the court decide?

Director (Operation) directed to place grievance before Board of Directors within two months; rejection order set aside; petitioner granted assurance of no coercive action.

Suresh Behera Vs Odisha Forest Development Corporation Ltd. — Land Acquisition | Orissa HC (2019)

¶1

W.P.(C) No. 15575 of 2019

¶2

16.09.2019 Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.

¶3

The petitioner has taken the cashew plantation of Lot No.23/19 Kuhudi R.F. 1991-92, 70 Ha, settled pursuant to tender in lease basis held on 15.11.2018. The plantation sustained heavy loss during the cyclonic storm ‘FANI’.

¶4

The petitioner filed a representation vide Annexure-4 before the Director (Operation)-Opposite Party No.2 on 20.05.2019. Opposite Party No.2, i.e., the Director (Operation) rejected the representation without any rhyme and reasons.

¶5

Learned counsel for the petitioner submits that, he understand that the appropriate Government has provided fund to the Orissa Forest Corporation for distribution among the beneficiaries like the petitioner. In such a matter, the Board of the Orissa Forest Corporation should have taken a decision instead of the Director (Operation)-Opposite Party No.2.

¶6

Regard being had to the facts and submission and without going into the merit of the case, the writ petition is disposed of directing the Director (Operation)-Opposite Party No.2 to put up the

¶7

grievance petition of the petitioner vide Annexure-4 before the Board of Directors, to take appropriate decision in the matter of the petitioner within a period of two months from the date of placing of the matter before the Board of Directors. The order passed by the Director (Operation) rejecting the grievance petition of the petitioner vide Annexure-5 is set aside.

¶8

It is needless to mention here that, if the petitioner is found to be entitled to receive the damage cost, the same be released in his favour without any hassle and no coercive action shall be taken against the petitioner till disposal of the representation by the Board of Directors.

¶9

The writ petition is accordingly disposed of. Urgent certified copy of this order be granted as per rules.

¶10

……………………….

¶11

Balaram

¶12

C.R. Dash, J.

Suresh Behera v. Odisha Forest Development Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Suresh Behera v. Odisha Forest Development Corporation Ltd.

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

Coram

Case details

Similar cases

Sundar Bikram Das Vs State and Ors.

Hrudananda Mohanty Vs Collector,Puri

Santosh Mohapatra Vs State of Odisha

Alekha Ch.Mohanty Vs State

Tapan Kumar Rout Vs State of Odisha

Arun Kumar Das Vs State of Orissa