Disposed

Kabita Panda v. State of Odisha

Orissa HC19 Feb 2021WP(C)/3485/2021

Case brief

AI extract

What is this about?

In this writ petition, the wife of a transferred doctor sought direction to retain a government quarter for her Class-X daughter's examination preparation. The court held the petition not maintainable as the quarter was allotted to the husband, not the petitioner.

What did the court decide?

Writ petition dismissed with liberty to approach the concerned authority for redressal of the grievance.

Kabita Panda Vs State of Odisha — Service and Employment | Orissa HC (2021)

¶1

W.P.(C) No. 3485 of 2021

¶2

19.02.2021 The matter is taken up through hybrid arrangement (virtual/physical mode).

¶3

Heard Mr. Satyanarayan Mishra-4, learned counsel for the petitioner and Mr. B.P. Tripathy, learned Addl. Government Advocate.

¶4

The petitioner has filed this writ petition seeking direction to retain the quarter allotted in favour of her husband Dr. P.K. Khora bearing quarter no.3R/15 in Doctors Colony, Dist. Head quarter hospital, Koraput till the academic session of her daughter is over, as she is going to appear class-X examination held on 04.06.2021.

¶5

Mr. Satyanarayan Mishra-4, learned counsel for the petitioner contended that the husband of the petitioner who is working as a doctor having been transferred, the petitioner is in occupation of the government quarter along with her daughter, who is going to appear the Class-X examination commencing from 04.06.2021. Therefore, in the event, the petitioner is directed to vacate the quarter, it will cause great prejudice to her and also affect the study atmosphere of the child.

¶6

Mr. B.P. Tripathy, learned Addl. Government Advocate contended that the quarter is not allotted in favour of the petitioner, thereby the petitioner has no right to approach this Court. The petitioner may have some grievance with regard to retention of quarter due to exigencies caused, as her daughter is going to appear

¶7

¶8

Class-X examination scheduled to be held on 04.06.2021, but that itself can be mitigated by her husband by making application for retention of the quarter. Instead of doing so, the petitioner, who is the wife of the doctor, has approached this Court by filing the present writ petition, which is not maintainable.

¶9

Considering the contention raised by learned counsel for the parties and after going through the records, admittedly the quarter has not been allotted in favour of the petitioner, rather the same is allotted in favour of the husband of the petitioner who has been transferred. But, as a matter of fact, the petitioner and her daughter are staying in the said quarter and her daughter is prosecuting her study in Class-X and her examination will commence from 04.06.2021 and, therefore for retention of the quarter till the academic session is over the petitioner has approached the authority by filing representation. Since the petitioner is not an allottee of the quarter, this Court is not inclined to issue any direction to the opposite parties for consideration of her representation save and except to withdraw the writ petition with liberty to approach the authority concerned for redressal of her grievance.

¶10

With the aforesaid liberty, the writ petition stands disposed of.

¶11

…………….…………… (DR. B.R. SARANGI) JUDGE

¶12

Ashok

Kabita Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kabita Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jhuna Nayak Vs State and Ors.

Daityari Patel Vs State and Ors.

Ashok Kumar Kandi Vs the State of Odisha

Anasuya Ojha Vs State of Odisha

Abhinna Kumar Rout Vs State of Odisha

Nirmala Jena Vs State of Odisha