Orissa High Court
Arun Kumar Das & Another vs State Of Odisha & Others .... Opposite ... on 22 July, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18402 of 2025
Arun Kumar Das & another .... Petitioners
Mr. Sanjib Mohanty, Advocate
-Versus-
State of Odisha & others .... Opposite parties
Ms. B. Dash, ASC
Ms. Jyotsna Rani Tripathy,
Special Counsel (MGNREGA)
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
22.07.2025 Order No.
01. 1. Heard Mr. Mohanty, learned counsel for the petitioners, Ms. Tripathy, learned Special Counsel for MGNREGA and Ms. Dash, learned ASC for the State.
2. Instant writ petition is filed by the petitioners for a direction to opposite party No.1, in particular, to take action against opposite party Nos.5 to 9 in view of the award of the Ombudsman MGNREGA as at Annexure-5 within a stipulated period.
3. It is submitted by Mr. Mohanty, learned counsel for the petitioners that a complaint was filed alleging irregularities committed in the implementation of MGNREGA works and in that connection, correspondence was made by the State Government as per Annexure-3 requesting the CDO-cum- Executive Officer, Zilla Parishad, Jajpur to enquire into the Page 1 of 3 matter and to submit a detailed factual report to the Government of Odisha, Panchayati Raj & D.W. Department. It is further submitted that subsequent thereto, petitioner No.2 has received a notice and in the meantime, an award has been passed by the Ombudsman MGNREGA i.e. Annexure-5 directing recovery of Rs.4,00,132/- (Rupees four lakh one hundred thirty-two) from the then Sarpanch, PEO and Junior Engineer in charge on account of violation of Section 25 of the MGNREG Act, 2005. It is claimed that despite such an award (Annexure-5), no recovery has been made, hence, an application was moved before the Government as per Annexure-6 and the same is pending for consideration and therefore, necessary direction should be issued to opposite party No.1 for the said purpose.
4. Recorded the submissions of Ms. Tripathy, learned Special Counsel, MGNREGA and Ms. Dash, learned ASC for the State.
5. In view of the grievance of the petitioners as there has been an award at Annexure-5 by the Ombudsman, MGNREGA and in the meantime, the petitioners moved the Government as per Annexure-6, this Court is of the view that a direction is required to be issued to opposite party No.1 to consider the demand of the petitioners at the earliest followed by an order. Accordingly, it is ordered.
6. In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party No.1 on Annexure-6 preferably within a period of eight weeks Page 2 of 3 from the date of receipt of a copy of this order, if necessary, after providing an opportunity of hearing to the petitioners.
7. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge Alok Signature Not Verified Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 23-Jul-2025 15:28:29 Page 3 of 3