Minati Nahak Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned counsel for the Opposite Parties. Perused the writ application as well as the documents annexed thereto.

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The Petitioner has filed the present writ application with the following prayer:

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“In view of the above facts and circumstances, the petitioner humbly prays that this Hon'ble Court may be pleased to:

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a). Issue an appropriate writ, order, or direction to the Respondents, particularly Respondents No. 3 and 4, to disburse the compensation amount of 8.25 Lakhs as recommended under the Odisha Victim Compensation Scheme, 2017, to the petitioner without any further delay,

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b). Direct the Respondents to pay interest on the compensation amount for the period of delay in disbursement;

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c). And further your lordship be pleased to pass any order(s), direction(s) as your lordships deem fit and proper.”

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The present writ petition has been filed with a prayer for a direction to the Opposite Parties to disburse the compensation amount as is due and admissible under the Odisha Victim Compensation Scheme, 2017 to the Petitioner within a stipulated period of time. Further, the Petitioner has also claimed interest on the compensation amount.

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Learned counsel for the Petitioner at the outset contended that the present Petitioner is a Victim in FIR registered in Berhampur Sadar Police Station bearing P.S. Case No.422 of 2022 for alleged commission of offences punishable under Sections 147, 148, 294, 506, 302, 120-B, 149 of IPC read with Section 3(2)(v-a) of the SC and ST (PoA) Act, 1989. Learned counsel for the Petitioner further submitted that as per the Odisha Victim Compensation Scheme, 2017, the Petitioner is entitled to payment of a compensation amount, however, such compensation amount has not been sanctioned and disbursed in favour of the Petitioner despite the fact that the Petitioner is eligible to get such compensation. Being aggrieved by such inaction on the part of the Opposite Parties, the Petitioner has approached this Court by filing the present writ petition.

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Learned counsel for the State on the other hand contended that the Odisha Victim Compensation Scheme, 2017 is a self-sustained legislation. Therefore, the Petitioner has to approach the competent

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authority under the aforesaid scheme for grant of compensation. She further contended that in the event the Petitioner is directed to approach the competent authority for grant of compensation provided she is satisfying the eligibility criteria as laid down in the said scheme, then she will have no objection to the same.

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Having heard the learned counsels appearing for the respective parties, on a careful examination of the submissions made by the learned counsels for the parties, further keeping in view the documents annexed to the writ petition and also keeping in view the limited nature of the grievance of the Petitioner, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Petitioner to approach the Secretary, District Legal Services Authority, Ganjam, Opposite Party No.4. In such eventuality, the learned Secretary, DLSA, Ganjam shall do the needful and consider and dispose of the grievance of the Petitioner in a time bound manner, preferably within a period of six weeks from the date of communication of a certified copy of this order. Any decision taken by the competent authority with regard to the grant of compensation be communicated to the Petitioner within a period of two weeks from the date of taking such a decision.

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With the aforesaid observations/directions, the writ petition stands disposed of.

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( Aditya Kumar Mohapatra )

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Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Page 3 of 3. Location: High Court of Orissa, C utta ck Date: 18-Feb-2025 09:53:10

Minati Nahak v. State of Odisha

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Minati Nahak v. State of Odisha

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