The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Jun-2025 17:29:20 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 22281 OF 2024 Rajat Kumar Naik …. Petitioner Mr. Swapnil Roy, Advocate -versus- State of Odisha and others …. Opp. Parties
Legal Reasoning
Mr. Sabita Ranjan Pattnaik, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO Order No.
Decision
ORDER 23.06.2025 8. 1. This matter is taken up through hybrid mode. 2. The Petitioner in this writ petition seeks to assail the order dated 25th April, 2024 (Annexure-8) passed by the Collector, Mayurbhanj in Misc. Case No.3 of 2024 [initiated pursuant to direction in W.P.(C) No.36316 of 2023]. 3. Mr. Roy, learned counsel submits that the Petitioner is a land oustee in Deo Medium Irrigation Project at Karanjia. Land of Mitrabhanu Naik, who is the father of the Petitioner, was acquired for the said project. Pursuant to the land acquisition, a certificate for displaced family was issued by the Special Land Acquisition and Rehabilitation Officer, Deo Irrigation Project, Karanjia on 24th June, 2021 (Annexure-4) in favour of the Petitioner. In the said certificate, it is stated Page 1 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Jun-2025 17:29:20 that the Petitioner will be entitled to Government services from local G.P./ Block, etc., as was being availed by his family in previous place of residence subject to eligibility in different schemes. In terms of the certificate, the Petitioner applied for a Government job, which was not acceded to. Hence, the Petitioner submitted a representation to the Special Land Acquisition and Rehabilitation Officer, Mayurbhanj- Opposite Party No.4 to consider his case to provide a government service. Since the said representation was not considered, the Petitioner preferred W.P.(C) No.36316 of 2023, which was disposed of on 27th February, 2024 by this Court with a direction that, if the Petitioner files a fresh comprehensive representation before the Collector and District Magistrate, Mayurbhanj within a period of seven days therefrom, the same shall be considered by a reasoned and speaking order, as expeditiously as possible, preferably within a period of two months from the date of receipt of such representation. Accordingly, the Petitioner submitted a representation to the Collector, Mayurbhanj-Opposite Party No.3 on 4th March, 2024 (Annexure-6). 3.1. On receipt of such representation, the Collector, Mayurbhanj initiated Misc. Case No.03 of 2024 on his file. Providing an opportunity of hearing, the said representation was rejected vide order dated 25th April, 2024 (Annexure-8) with the following findings: Page 2 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Jun-2025 17:29:20 “1. That, the petitioner was a resident of the submerged village Sanabarakamuda. He had been enumerated and approved as a displaced family under Deo Irrigation Project, Karanjia. the petitioner has been resettled at Kalakada village under Patbil G.P. in Karanjia Block of Mayurbhanj district. Thereafter, 2. That, in fact, the Certificate for Displaced Family has been issued by the Special Land Acquisition Officer, Deo Irrigation Project, Karanjia on 24.06.2021 in favour of the petitioner certifying that “he shall be entitled to Govt. services from local G.P/Block etc. as was being availed by his family in previous place of residence subject to eligibility in different schemes”. 3. That, the Certificate for Displaced Family was issued only to get the benefit under different government schemes at the resettled place i.e. village: Kalakada as was being availed by the family of the petitioner in their i.e. Sanabarakamuda, subject to eligibility. There is no kind of for providing such provision job/appointment to the displaced family under the Odisha Resettlement and Rehabilitation Police, 2006.” residence previous place any of Being aggrieved, this writ petition has been filed. 4. Mr. Roy, learned counsel for the Petitioner submits that previously similarly situated persons were being given appointment under the local G.P./Block, for which the said project was being undertaken. The Petitioner has been discriminated. This aspect was not taken note of by the Collector, Mayurbhanj-Opposite Party No.3 while considering his representation. He, therefore, prays for setting aside the order under Annexure-8 and remit the matter to the Collector, Mayurbhanj for fresh adjudication of his representation in accordance with law. Page 3 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Jun-2025 17:29:20 5. Upon hearing learned counsel for the Petitioner and on perusal of the record, it appears that the Petitioner had taken several adjournments to place on record the details of similarly situated persons, who have been given employment for land acquisition in different projects. No such document has yet been filed. It is not clear from the averments made in the writ petition as well as the submission made by learned counsel for the Petitioner that the Special Land Acquisition and Rehabilitation Officer, Mayurbhanj-Opposite Party No.4 had no authority to issue any certificate entitling the Petitioner to get any government job. Apparently, no such scheme has been framed by the State Government. Mr. Roy, learned counsel for the Petitioner also fairly concedes to that. 6. It is also submitted by Mr. Roy, learned counsel for the Petitioner that previously there was a scheme to provide government employment. But, the same is not in force now. The relevant portion of the certificate under Annexure-4 granted by the Special Land Acquisition Officer, Deo Irrigation Project, Karanjia reads as under: to Govt. “……………He shall be entitled services from local G.P./Block, etc. as was being availed by his family in previous place of residence subject in different schemes.” to eligibility 6.1. The recitals of the certificate, as reproduced above, clearly indicate that the Petitioner would be entitled to government services from local G.P./Block etc. subject to eligibility in different schemes. First of all, the government Page 4 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Jun-2025 17:29:20 services do not mean government jobs. Secondly, the Petitioner would be entitled to the same subject to eligibility in different schemes. It is fairly conceded by Mr. Roy, learned counsel for the Petitioner that no scheme at present is prevailing to provide government job to any land oustee. Thus, we are constrained to hold that the Petitioner is not entitled to any government services/jobs, as stated under Annexure-4. 7. In that view of the matter, we find no infirmity in the impugned order under Annexure-8. Accordingly, the writ petition being devoid of any merit stands dismissed. Urgent certified copy of this order be granted on proper application. ms (K.R. Mohapatra) Judge (Savitri Ratho) Judge Page 5 of 5