Harasamani Kantha vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ori) 415

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Harasamani Kantha – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Petitioner: Mr. Prajit Kumar Pradhan, Adv., Mr. Meru Sagar Samantaray, Adv., Ms. J.J. Jyoti, Adv.
For the Opposite Party : Mr. Ch. Satyajit Mishra, AGA

Table of Content
1. background on petitioner's claims and circumstances. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. petitioner's arguments against the second inquiry. (Para 8 , 9 , 10 , 11)
3. opposite party's defense regarding damage assessment. (Para 12 , 13 , 14 , 15 , 16 , 17)
4. court's observations on inquiry and compensation eligibility. (Para 18 , 19 , 20 , 21)
5. court's directive to restore compensation. (Para 22)
6. final ruling of the writ petition. (Para 23)

JUDGMENT :

S.K. Panigrahi, J.

1. The Petitioner through this Writ Petition has challenged the order dated 16.08.2021 passed by the Tahasildar, Pipili/Opposite Party No.5, wherein her claim of entitlement to get Rs.95,100/- as compensation in the severe damage category due to Cyclone Fani was rejected.

I. FACTUAL MATRIX OF THE CASE

2. The petitioner is an old widow belonging to general caste. She has not been able to enroll her name in the BPL List of the year 1997. As a result of which, she became ineligible to be a beneficiary of the different schemes of the Governmentt as provided for the families of the BPL Categories. After illness the poor petitioner who is a ’Nama Matra Chasi’ became helpless to maintain her family in this wo