Sukanti Majhi & Others vs State Of Odisha & Others
2022 Latest Caselaw 4187 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P. (C) No. 20382 OF 2022

       Sukanti Majhi & others                          .........         Petitioners
                                                       Mr. B.K. Panda, Advocate

                                            -versus-
       State of Odisha & others                        ............        Opposite Parties
                                                       Mr. D.K. Mohanty,
                                                        Additional Standing Counsel


                                        CORAM:
                             JUSTICE BISWAJIT MOHANTY
                               JUSTICE SAVITRI RATHO
                                           ORDER

25.08.2022 Order No.

01. 1. Heard Mr. B.K. Panda, learned counsel for the petitioners and Mr. D.K. Mohanty, learned Additional Standing Counsel.

2. According to Mr. Panda, learned counsel for the petitioners though on a reference under Section-18 of the Land Acquisition Act, 1894 judgment in L.A. R. No. 109 of 2011 has been pronounced on 11th July, 2018 in favour of the petitioners by the learned Senior Civil Judge, Nuapada under Annexure-1, but till date no payment has been made by the Opposite Party No.3 in tune of the said judgment.

3. Mr. Mohanty, learned Additional Standing Counsel submits that for redressal of such grievances, the petitioners should have approached the Special Land Acquisition Officer- cum-R & R Officer, Lower Indra Irrigation Project, Nuapada- Opposite Party No.3 instead of rushing to this Court. In such background Mr. Panda submits that liberty may be granted to the

petitioners to approach Opposite Party No.3 in the matter by filing a representation and further prays that a direction be issued to the said Opposite Party to dispose of the same within a specific time period.

4. Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioners to file an appropriate petition before the Opposite Party No.3 within a period of two weeks from today along with a copy of the judgment under Annexure-1 and copy of this order by registered post. In the event, such a petition is received by the Opposite Party No.3, he is directed to take a decision on the same in accordance with law within a period of four weeks hence from the date of receipt of such representation. In the event, it is found that there is no impediment in paying the compensation as directed by the Learned Senior Civil Judge, Nudapada, he shall take all steps to distribute the same to the petitioners within four weeks thereafter.

5. Accordingly, the Writ Petition is disposed of.

6. Urgent certified copy of this order be granted as per rules.

                                                        ( Biswajit Mohanty )
                                                               Judge


                                                        ( Savitri Ratho )
Balaram                                                        Judge