Rabindra Nath Behera Vs State of Orissa — Orissa HC (2025) — LawSathi Research

Rabindra Nath Behera Vs State of Orissa — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Collector, Jagatsinghpur (opp. party no.3) to consider the petitioner's representation under Annexure-8 and pass appropriate order in accordance with law within three months from the date of production of a certified copy of the order, and to communicate the result/decision to the petitioner within fifteen days thereafter; personal hearing to be provided if opp. party no.3 deems it necessary.

Issue for consideration

Prayer of the writ petition: a direction to the Collector, Jagatsinghpur (opp. party no.3) to issue a displaced person's identity card in favour of the petitioner. +2 more

Ratio / Principle

Per Clause 3.2 of the Policy for Rehabilitation of Displaced Persons/Families in connection with Establishment of Major Industrial Projects, an identity card to each displaced family shall be issued under the signature of the concerned Collector; therefore the Collector, Jagatsinghpur (opp. party no.3) is empowered to issue such certificate, and the provision was taken on record.

Key takeaways

Without expressing any opinion on the merits of Annexure-8, the court disposed of the writ petition, directing the Collector, Jagatsinghpur (opp. party no.3) to consider the representation filed under Annexure-8 and pass appropriate order in accordance with law within three months from the date of production of a certified copy of the order, and to communicate the result/decision to the petitioner within fifteen days thereafter.ratio¶23
If opp. party no.3 feels it necessary to give a personal hearing to the petitioner for taking the decision on the annexure, the same shall be provided.ratio¶24

Detailed headnote1 paragraphs

W.P.(C) No.6957 of 2025 (Orissa High Court, Cuttack; order dated 16.04.2025; Bench: Justices S.K. Sahoo and Chittaranjan Dash). Rabindra Nath Behera sought a direction to the Collector, Jagatsinghpur (opp. party no.3) to issue a displaced person's identity card; his representation (Annexure-8) dated 14.02.2025 had drawn no response. When asked on 11.04.2025 to show the enabling provision, counsel produced the Policy for Rehabilitation of Displaced Persons/Families in connection with Establishment of Major Industrial Projects, whose Clause 3.2 provides that an identity card to each displaced family shall be issued under the signature of the concerned Collector. The Bench held that the Collector is thereby empowered to issue such certificate and took the provision on record. Without expressing any opinion on the merits of Annexure-8, the court disposed of the writ petition, directing the Collector to consider the representation and pass appropriate order in accordance with law within three months of production of a certified copy of the order, and to communicate the decision to the petitioner within fifteen days thereafter; a personal hearing is to be provided if the Collector considers it necessary.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6957 of 2025

Rabindra Nath Behera ….. Petitioner

Mr. Maga Behera, Advocate

-versus-

State of Orissa and others

..... Opp. Parties

Mr. Jateswar Nayak, Addl. Govt. Advocate

CORAM:

THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

16.04.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This writ petition has been filed by the petitioner, Rabindra Nath Behera, inter alia, for a direction to the Collector, Jagatsinghpur, opp. party no.3, to issue displaced identity card of the displaced person in favour of the petitioner.

Signature Not Verified

Digitally Signed Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Apr-2025 10:42:37

Learned counsel for the petitioner submitted that a representation has been filed before the opp. party no.3 vide Annexure-8 on 14.02.2025 for such purpose, but no response has been received.

When the matter was taken up on 11.04.2025, we asked to the learned counsel for the petitioner to show

Page 1 of 3

the provision enabling the opp. party no.3 to issue the displaced certificate.

Today, learned counsel for the petitioner has produced the Policy for Rehabilitation of Displaced Persons/Families in connection with Establishment of Major Industrial Projects with a forwarding letter of the General Manager (Land), Orissa Industrial Infrastructure Development Corporation to Indian Oil Corporation (R), Eastern India Refinery Project, New Delhi and Clause 3.2 and Clause 3 deals with Survey & Identification of displaced families and Clause 3.2, it is indicated that an identity card to each displaced family shall be issued under the signature of the concerned Collector indicating the certain particulars. Therefore, the Collector has been empowered to issue such certificate. The provision is taken on record.

In view of such state of affairs, without expressing any opinion on the merits of Annexure-8, we disposed of the writ petition directing the Collector, Jagatsinghpur, opp. party no.3, to consider the representation filed by the petitioner under Annexure-8 and pass appropriate order in accordance with law within a period of three months from the date of production of a certified copy of this order and communicate the result/decision taken thereon to the petitioner within fifteen days thereafter.

If the opp. party no.3 feels it necessary to give personal hearing to the petitioner for taking the decision

Page 2 of 3

Rajesh

on the annexure, the same shall be provided.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo)

Judge

(Chittaranjan Dash) Judge

Page 3 of 3