Land Acquisition Collector vs Sridhar Das And Others
2023 Latest Caselaw 15606 Ori

Orissa High Court

Land Acquisition Collector vs Sridhar Das And Others on 5 December, 2023

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   LAA No.64 of 2008

Land Acquisition Collector,               .....                                            Appellant
Balasore
                                                                       Mr. T.K. Pattnaik, ASC
                                          Vs.
Sridhar Das and others                    .....                                      Respondents
                                                                   Mr. M. Mohanty, Advocate
                                                                    (Respondent Nos. 1 to 3)

                         CORAM: JUSTICE SANJAY KUMAR MISHRA

                                                   ORDER

05.12.2023 Order No. The matter is taken up through hybrid mode.

12.

2. Learned Counsel for the Parties are present.

3. On 30.11.2023, on submission of the learned Counsel for the State-Appellant, the matter got adjourned to today ordering to list the same along with LAA No.64 of 2008. Paragraph-2 of the Order dated 30.11.2023 is extracted below:

"2. Learned Counsel for the State submits, the impugned is a common judgment passed in L.A. Misc. Case Nos.262 of 2000 and 239 of 2000. However, this Appeal is confining to L.A. Misc. Case No.262 of 2000. State has preferred LAA No.64 of 2008 separately so far as judgment passed in L.A. Misc. Case No.239 of 2000, which is still pending."

4. In terms of the said Order, though the matter has been listed along with the said Appeal, it is found that submission regarding pendency of LAA No.64 of 2008 is incorrect. On verification of record, it is found that the said Appeal has been dismissed vide Order dated 12.01.2016. It is submitted at the Bar that this Appeal is identical to the said Appeal and common judgment, which is impugned in this Appeal, was also impugned in the said Appeal and this Appeal is squarely covered by the said Order

passed by the coordinate Bench.

5. Accordingly, the Appeal stands dismissed.

6. However, it is made clear that the awarded amount along with interest and statutory benefits shall be released in favour of the Claimants-Respondents on proper identification after adjustment of the amount, if any, already paid to them in the meantime, within a period of two months from the date of production of the certified copy of this Order.

7. Urgent certified copy of this Order be granted on proper application.

(S.K. MISHRA) JUDGE

Designation: Personal Assistant

Location: ORISSA HIGH COURT, CUTTACK Date: 06-Dec-2023 17:06:42