Kainta Naik & Others vs State Of Odisha & Others
2023 Latest Caselaw 10433 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No.27894 of 2023

Kainta Naik & Others                 .....                             Petitioners
                                                        Mr. S.K. Joshi, Advocate
                                     Vs.
State of Odisha & Others             .....                  Opposite Parties
                                                            State Counsel
                 Mr. P. Behera, Standing Counsel for Transport Department
             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE MURAHARI SRI RAMAN

                                            ORDER

30.08.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard.

3. The present Writ Petition has been filed with the following prayer:-

" It is, therefore, prayed that this Hon'ble Court may graciously be pleased to admit this writ petition, cal for records and after hearing the parties, pleased to allow the writ petition and direct the opp. Party No.3 to take steps for according approval of the calculation sheet of enhanced compensation amount/decreetal dues as re-determine U/s. 73 of the Act their by OP No.4 is not a position to disbursed the enhanced compensation amount/decreetal dues.."

5. In course of hearing, learned counsel for the Petitioners states that Opposite Party No.4 has recommended the case of the Petitioners vide letter dated 11.05.2023 vide Annexure-3 to Opposite Party No.3 for sanction against for payment of decretal dues U/s-73 of RFCTLAR & R Act, 2013 filed by 03 nos of petitioner of Mouza-Sibatula, Tahasil Tarbhr in the District of Subarnapur on the basis of Judgment dtd.20.04.2022 passed by

Land Acquisition, Rehabilitation and Resettlement Authority (Northern Division), Sambalpur in Land Acquisition Case No.118/2020 (Upendra Niali-Vrs-Land Acquisition Zone Office, Khordha Road-Balangir New B.G. Rail Link Project). Therefore, direction may be issued to Opposite party No.3 to take a decision on the said letter, to which learned Standing Counsel for the Transport Department has no objection.

6. As agreed by learned counsel for the parties, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.3 to take a decision on the letter dated 11.05.2023, and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy of this order.

Issue urgent certified copy as per Rules.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) JUDGE Laxmikant

Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Aug-2023 16:48:03