Nanda Kumar Majhi vs Tarini Suna
2023 Latest Caselaw 3322 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CONTC No.685 of 2022

Nanda Kumar Majhi                   .....                              Petitioner
                                                 Mr. B.Ku. Behera-1,, Advocate
                                    Vs.
Tarini Suna, Special Land           .....                       Opposite Parties
Acquisition Officer, Lower
Indira Irrigation Project,
Khariar, Dist. Nuapada &
Another
                                                       Mr. L. Samantray, AGA
             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE M.S.RAMAN
                                           ORDER

12.04.2023 Order No. This matter is taken up through hybrid mode.

06.

2. The compliance affidavit has been filed by the Opposite Party No.1, wherein at paragraphs-5 and 6, it has been stated as follows:

"5. That, during further scrutiny and verification of the documents submitted by the Petitioner the Govt. in Do WR has found out that the Petitioner has submitted the application u/s-28(A) of the LA Act 1894 only after expiry of the 90 days stipulated time period after the pronouncement of the judgment in referred LAR No.113/2011 where learned Civil Judge (Senior Division) has passed order dated.08.08.2018. Hence, the Govt. in Do WR has advised to reject the application vide Letter No.14209 dated 06.06.2022 of Do WR. Copy of letter No.14209 dtd.06.06.2022 is enclosed herewith and marked as Annexure-B/1.

6. That, the application u/s-28(A) of the LA Act 1894 submitted by the Petitioner has been rejected as the application is not maintainable as per the LA Act, 1894 and the Petitioner has been intimated regarding the disposal of the application vide this office Letter No.1153 dated 28.07.2022. Copy of letter No.1153

dtd.28.07.2022 is enclosed herewith and marked as Annexure-C/1. The Petitioner has been orally advised to submit fresh petition u/s-28(A) of the LA Act, 1894 as per law."

3. In view of the above, the contempt proceeding is dropped.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) JUDGE Aks