WP(C)/32368/2020
2021 Latest Caselaw 312 Ori

                                 W.P.(C) NO.32368 of 2020




02.   08.01.2021         This matter is taken up through video conferencing.

                   02.   Heard learned counsel for the petitioner and learned Addl.
                   Government Advocate.

                   03.   This Writ Petition has been filed by the petitioner challenging
                   the order dated 28.01.2020 passed by the learned Claims
                   Commission in Claim Case No.758 of 2019.

                   04.   It appears that the present opposite party No.5 has
                   approached this Court in W.P.(C) No.14979 of 2020 assailing the
                   order dated 27.01.2020 passed by the Addl. Commissioner,
                   Consolidation and Settlement, Sambalpur in R.P. No. 991 of 2017,
                   whereby he has allowed the prayer made by the present opp. party
                   No.4 to delete the entries made in Column No. 2 of Hal Khata No.
                   11 of village Tumulia and directed to record the case land
                   exclusively in his name. The said Writ Petition was disposed of on
                   15.12.2020 remanding the matter back to the Addl. Commissioner,
                   Consolidation & Settlement, Sambalpur for fresh adjudication on
                   its own merit giving opportunity of hearing to the parties
                   concerned. In the impugned order dated 28.01.2020 the learned
                   Claims Commission directed to award compensation against
                   acquisition of land appertaining to Khata No.11 of Mouza : Tumulia
                   in the name of the present opposite party No.4. It was also
                   observed that before disbursement of compensation to opposite
                   party No.4, if any person produces order/judgment of higher forum
                   in support of his entitlement to get compensation against
                   acquisition of land appertaining to Khata No.11 of Village :
      BP
                   Tumulia, the disbursement authority shall act upon such
                   decision/orders.
                    2




05.   In view of the above, this Court disposes of this Writ Petition
with an observation that it is open to the petitioner to file an
application before the compensation disbursement authority along
with the order dated 15.12.2020 passed by this Court in W.P.(C)
No.14979 of 2020 within a period of two weeks from today, in such
event the said opposite party shall act upon the same in
accordance with law after giving opportunity of hearing to the
concerned parties. Till a decision is taken by the compensation
disbursement authority, the compensation amount shall not be
disbursed in any favour.

06.   The parties may utilize the soft copy of this order available in
the High Court's website or print thereof at par with the certified
copy in the manner prescribed, vide Court's notice No.4587, dated
25.03.2020.
                                                           .       ..
                                                          S.Panda, J.

. . .

S.K.Panigrahi, J.