Smt. Kamala Dwibedy @ Debi vs State Of Odisha And Others
2021 Latest Caselaw 8734 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.P. (C) No.2170 of 2021


               Smt. Kamala Dwibedy @ Debi                ....          Petitioner
                                 M/s. S. R. Pattanaik and associates, Advocates
                                           -versus-
               State of Odisha and others                .... Opposite Parties
                                                      Mr. D. K. Mohanty, AGA


                          CORAM:
                          THE CHIEF JUSTICE
                          JUSTICE B. P. ROUTRAY


                                            ORDER

23.08.2021 Order No.

02. 1. The Petitioner and Proforma Opposite Parties claimed to be in possession of the land in Mouza-Mirkamalpatna, Mangalabag, Cuttack Sadar, which according to them is in the process of acquisition. They seek the same relief as was granted to the Petitioners by this Court in W.P. (C) No.16724 of 2020 by the order dated 26th August, 2020.

2. Mr. Mohanty, learned Additional Government Advocate appearing on advance notice for the State points out that admittedly the present Petitioners have encroached upon Government land. The suit filed by the Petitioners for a declaration of their title to the suit land was dismissed by the learned Civil Judge (Junior Division), Cuttack by the judgment dated 19th August, 2011 in T.S. No.67 of 1999 (C.S. No.171 of 2007), a copy of which has been enclosed with the present petition

by the Petitioners themselves. He states that these Petitioners will nevertheless be compensated for the structures and not for the land, in terms of the R & R Notification No.25896 dated 28th August, 2020.

3. Since the facts are not in dispute, the Court records the above statement of Mr. Mohanty, learned Additional Government Advocate and disposes of the writ petition.

4. Issue urgent certified copy of this order as per rules.

(Dr. S. Muralidhar) Chief Justice

(B.P. Routray) Judge M. Panda