High Court permits petitioner to file a fresh representation to Opposite Party No.2 for date of birth rectification, directing a reasoned decision within two months.
Permitted to file fresh representation; authority directed to decide within two months and communicate within two weeks.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 33744 of 2022
Smt. Beda Kumbhar
…. Petitioner
Mr. S. Mishra, Advocate
-versus-
State of Odisha and another
…. Opposite Parties Mr. N.K. Praharaj, AGA
CORAM: JUSTICE A.K.MOHAPATRA
ORDER
14.12.2022
Order No.
2. Heard learned counsel for the Petitioner and learned counsel for the State-Opposite Parties.
3. The Petitioner has filed the present writ petition with the following prayer:-
“It is, therefore, prayed that the Hon’ble Court be graciously pleased to: i) ISSUE RULE NISI calling upon the opposite party as why writ in the nature of mandamus/certiorari and/or any other appropriate writ/writs or order/orders and/or direction shall not be passed to change the date of birth from 10.1.1962 to 01.02.1977.
AND
ii) ISSUE FURTHER RULE NISI of a writ in the nature of mandamus/certiorari and/or any other appropriate writ/writs or order/orders and/or direction shall not be passed to quash the letter No.338 dated 12.1.2022 under Annexure-1.
If the Opposite Parties fails to show cause or show inadequate or false cause, make the aforesaid rule nisi absolute.
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And/or order/orders as the Hon’ble Court may deem just and proper in order to provide the Petitioner complete relief.”
4. It is submitted by the learned counsel for the Petitioner that the Petitioner wants to make a fresh representation before the authority concerned with a direction from this Court to the authority to consider the case of the Petitioner within a stipulated period of time.
5. Learned counsel for the State-Opposite Parties submits that he has no objection if the Petitioner is permitted to file a fresh representation before the authority concerned with a direction to the authority concerned to consider the representation of the Petitioner in accordance with law within the stipulated period of time.
6. Considering such submission and without expressing any opinion on the merit of the case, this Court disposes of the writ petition permitting the Petitioner to make a fresh representation before the Opposite Party No.2 within a period of two weeks from today and in the event such representation is filed before the Opposite Party No.2, the Opposite Party No.2 shall do well to consider the same in accordance with law by passing a speaking and reasoned order within a period of two months from the date of filing of such representation and the decision thereof so taken shall be communicated to the Petitioner within two weeks thereafter.
(A.K. Mohapatra) Judge
Debasis
Page 2 of 2
1 issue framed by the court
Whether the petitioner is permitted to file a fresh representation to the authority for rectification of her date of birth.
Smt. Beda Kumbhar
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
