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2024 Supreme(Ori) 84

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. PANIGRAHI
Moti Prava Mohanty – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.K. Swain, Adv
For the Respondent: Mr. Sonak Mishra, ASC

Table of Content
1. negligence in family planning operation (Para 2 , 3 , 4)
2. limits of liability in sterilization failure (Para 5)
3. court's award of compensation (Para 6 , 7)

JUDGMENT :

1. The Petitioner, in this Writ Petition, seeks a direction from this Court to issue notice to the Opp. Parties, and after hearing from the parties, issue a Writ of Mandamus or Certiorari or any suitable form of Writ to give appropriate compensation to the Petitioner not only for their negligence but also for the future of a baby in mother’s womb.

2. Shorn off unnecessary factual details, suffice it to narrate the facts as placed by the petitioner in the Writ Petition as follows:

ii. Meanwhile, the Opp. Party No.1, the Department of Health, State of Orissa through all the Opp. Parties, encouraged the petitioner and the general public for family planning sterilization. Thus, there was encouragement to the families to participate in Green Card scheme wherein a focus on having two-children or fewer is being promoted, through various incentives like providing landed properties, reservation of seats in higher education for those two children and many more.

iv. Subsequently, for a period of one month, the pe

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