Gopinath Das Vs State of Orissa — Orissa HC (2024) — LawSathi Research

Gopinath Das Vs State of Orissa — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed, if so advised, to approach the Collector, Balasore within four weeks with a comprehensive grievance petition and relevant documents, in terms of the ratio in Executive Engineer (Electrical), TPCODL and another v. Soubhangini Patra and another (AIR 2023 Ori 86); Collector, Balasore to decide within six months thereafter after hearing the parties and communicate the result to the petitioner.

Issue for consideration

Whether the petitioner, aggrieved by drawl of a High Tension conductor over his private land in Khata No.13 of mouza Shyamraipur, Balasore, can obtain relief in this writ petition, or must pursue the grievance through another forum.

Ratio / Principle

Taking into consideration the submission of counsel for Opposite Party Nos. 2 & 3 (OPTCL) that the project has already been completed, the Court held that since the project has already been completed in the meantime, the petitioner, if so advised, may approach the Collector, Balasore within a period of four weeks hence by filing a comprehensive grievance petition along with relevant documents, in terms of the ratio decided in Executive Engineer (Electrical), TPCODL and another v. Soubhangini Patra and another (AIR 2023 Ori 86).

Key takeaways

In such event, the Collector, Balasore shall take a decision on the grievance petition within a period of six months thereafter, giving opportunity of hearing to the parties concerned, and communicate the result to the petitioner forthwith.ratio¶24

Detailed headnote1 paragraphs

Orissa High Court, Cuttack (K.R. Mohapatra, Judge) — W.P.(C) No. 15345 of 2017, disposed of on 04.10.2024. Petitioner (Gopinath Das and others) aggrieved by drawl of a High Tension conductor over his private land in Khata No.13, mouza Shyamraipur, Balasore Tahasil, alleged to form part of the High Tension line from Balasore Grid Supply station to Somanathpur. Counsel for Opposite Party Nos. 2 & 3 (OPTCL) submitted that the project has already been completed since 2018. Accepting that submission, the Court, following the ratio decided in Executive Engineer (Electrical), TPCODL and another v. Soubhangini Patra and another, AIR 2023 Ori 86, directed that the petitioner, if so advised, file a comprehensive grievance petition with relevant documents before the Collector, Balasore within four weeks, and that the Collector decide the matter within six months thereafter after giving opportunity of hearing to the parties concerned and communicate the result to the petitioner. Writ petition disposed of with these observations.

Signature Not Verified

Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Oct-2024 13:28:40

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 15345 OF 2017

Gopinath Das and others …. Petitioners

Mr. Diptendu S. Ray, Advocate

-versus-

State of Odisha and others

…. Opp. Parties

Mr. Amit Kumar Nath, Advocate (For Opp. Party Nos.2 & 3)

CORAM:

JUSTICE K.R. MOHAPATRA

Order No.

ORDER 04.10.2024

This matter is taken up through hybrid mode.

The Petitioner in this writ petition is aggrieved by drawl of High Tension conductor over his private land in Khata No.13 of mouza Shyamraipur under Balasore Tahasil in the district of Balasore.

Mr. Nath, learned counsel for Opposite Party Nos.2 & 3- OPTCL submits that the project has already been completed since 2018. If the Petitioner has any further grievance with regard to drawl of High Tension line from Balasore Grid Supply station to Somanathpur, which is alleged to have been drawn in his private land, he may approach the Collector, Balasore in terms of the ratio decided in the case of Executive Engineer (Electrical), TPCODL and another –v- Soubhangini Patra and another , reported in AIR 2023 Ori 86.

Taking into consideration the submission made by Mr. Nath, learned counsel for Opposite Party Nos.2 & 3, this Court is of the considered opinion that since the project has already

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Signature Not Verified

Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Oct-2024 13:28:40

been completed in the meantime, the Petitioner, if so advised, may approach the Collector, Balasore in terms of the ratio in case of Executive Engineer (Electrical), TPCODL and another (supra) within a period of four weeks hence by filing comprehensive grievance petition along with relevant documents. In such event, the Collector, Balasore shall do well to take a decision on the same within a period of six months thereafter giving opportunity of hearing to the parties concerned and communicate the result to the Petitioner forthwith.

With the aforesaid observation, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

ms

(K.R. Mohapatra) Judge

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