Amar Majhi Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Amar Majhi Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: opposite party no.5 (District Education Officer) to consider the representation dated 19th May, 2023 and, if it carries substance, call for opposite party no.8 to explain; petitioners to communicate certified copy of the order with the representation to opposite party no.5, which must intimate action taken or reasons for no action within three weeks.

Issue for consideration

Whether opposite party no.5, the District Education Officer, should consider the petitioners' representation dated 19th May, 2023 alleging that opposite party no.8 is involved in criminal and offensive acts, and take action thereon.

Court's answer

The Court directed opposite party no.5 (the District Education Officer) to consider the petitioners' representation dated 19th May, 2023 and, if it is found to carry substance, to call for opposite party no.8 to explain.

Ratio / Principle

Petitioners were to communicate a certified copy of the order together with the representation dated 19th May, 2023 to opposite party no.5, which was required, within three weeks of such communication, either to intimate the petitioners of action taken or of why no action is required to be taken.

Detailed headnote1 paragraphs

PIL writ petition (W.P.(C) No.18041 of 2024) filed by villagers Amar Majhi and another before the High Court of Orissa at Cuttack. Petitioners had applied for and obtained information suggesting that opposite party no.8 was involved in criminal and offensive acts, and made a representation dated 19th May, 2023 to opposite party no.5, the District Education Officer; no action followed. The State was represented by Ms. A. Dash, Additional Standing Counsel, who submitted that opposite party no.8 be noticed. The Division Bench of Arindam Sinha, Acting Chief Justice, and M.S. Sahoo, J., disposed of the writ petition by directing opposite party no.5 to consider the representation and, if it is found to carry substance, to call for opposite party no.8 to explain. Petitioners were to communicate a certified copy of the order along with the representation to opposite party no.5, which was to intimate them within three weeks either of action taken or of why no action is required to be taken. No statute or precedent was cited in the order.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18041 of 2024 (PIL)

Amar Majhi and another

…. Petitioners

Represented By Adv. – Mr. A.B. Parida, Advocate

-versus-

State of Odisha and others

…. Opposite Parties

Represented By Adv. – Ms. A. Dash, Advocate (Additional Standing Counsel)

CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA, THE ACTING CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE M.S. SAHOO

ORDER

19.02.2025

Order No.

01.

1. Mr. Parida, learned advocate appears on behalf of

petitioners and submits, his clients are villagers. They had reason to apply for and obtain information in respect of opposite party no.8 being involved in criminal and offensive acts. They made representation dated 19^th May, 2023 to opposite party no.5 (the District Education Officer). On no action taken, his clients are before Court seeking to urge a public cause.

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2. Ms. Dash, learned advocate, Additional Government Advocate appears on behalf of State and submits, opposite party no.8 be noticed.

3. Petitioners say they are urging a public cause. They have obtained information concerning opposite party no.8. Their further submission is of opposite party no.5 being the authority approached for redressal of their cause. In the circumstances, said opposite party is directed to consider the representation and in event it is found to carry substance, said opposite party may call for opposite party no.8 to explain.

4. Petitioners will communicate certified copy of this order along with copy of representation dated 19^th May, 2023 to opposite party no.5. Within three weeks of the communication said opposite party will either intimate petitioners on action taken or why no action is required to be taken.

5. The writ petition is disposed of.

(Arindam Sinha) Acting Chief Justice

Signature Not Verified

Digitally Signed Signed by: PRASANT KUMAR SAHOO Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court Date: 19-Feb-2025 20:08:07

(M.S. Sahoo) Judge

Prasant

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