Orissa High Court
Shiba Prasad Jena vs Puri-Konark Development ..... ... on 15 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.13798 of 2025
Shiba Prasad Jena ..... Petitioner
Represented By Adv. -
Soubhagya Sundar Das
-versus-
Puri-Konark Development ..... Opposite Parties
Authority (PKDA), Puri & Anr.
Represented By Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
15.05.2025 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
"It is, therefore, prayed that this Hon'ble Court may graciously be pleased to admit the Writ Petition; issue Rule NISI calling upon the Opposite Party-Authorities to show cause as to why the prayer of the Petitioner shall not be allowed and if the Opposite Party-Authorities fail to show cause or show insufficient cause, the e, the said Rule be made absolute;
And may be pleased to command the Opposite Page 1 of 3. Party-Authorities to release the legitimate dues of the Petitioner with regard to his entitlement under the RACP 2013 as well as MACP 2016 in as much as the leave encashment dues, which has been withheld, in his favour with immediate effect by issuing a Writ in the nature of Mandamus;
And may further be pleased to issue any other Writ(s), Order(s), Direction(s), as would be deem fit and proper in the facts and circumstances of the case;."
4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Collector, Puri and Vice-Chairman, Puri-Konark Development Authority, Puri, Opposite Party No.1 under Annexure-3. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-3 within a stipulated period of time.
5. Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.1, which is stated to be pending, in accordance with law within a stipulated period of time.
6. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-3 within a period of two months from the date of production of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the representation Page 2 of 3. of the Petitioner under Annexure-3 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.1 be also communicated to the Petitioner within ten days thereafter.
7. With the aforesaid observations/ directions, the writ application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
S.K. Rout
Signature Not Verified
Digitally Signed Page 3 of 3.
Signed by: SANTANU KUMAR ROUT
Reason: Authentication
Location: High Court of Orissa, Cuttack Date: 17-May-2025 17:50:55