State Of Odisha vs Ananta Charan Nayak &
2023 Latest Caselaw 14826 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                L.A.A. No.20 of 2017

                 State of Odisha                       ....              Appellant

                                      Mr. B. Panigrahi,
                                      Additional Standing Counsel

                                          -versus-
                 Ananta Charan Nayak &                 ....           Respondents
                 another



                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                       ORDER

Order No. 16.11.2023

L.A.A. No.20 of 2017 & Misc. Case No.30 of 2017

04. This matter is taken up through hybrid mode.

2. Mr. B. Panigrahi, learned Additional Standing Counsel for the State/Appellant is present.

3. This Appeal has been preferred against the judgment dated 19.02.2016, passed by the Senior Civil Judge, Kamakhyanagar in L.A. Misc. Case No.204 of 2013.

4. Though this Appeal is of the year 2017, till date the defects, as pointed out by the Office, are yet to be removed. That apart, vide order dated 08.09.2022 two weeks' time was granted to remove the defects. But till date no step has been taken to remove the said defects, including payment of unpaid Court Fee, as pointed out by the Office. That apart, as per the Office Note, there is a delay of 288 days in filing the present Appeal. No step for condonation of delay has also been taken by the State/Appellant for the last 6 years despite granting time to do so.

5. That apart, as it ascertained from Para-10 of the impugned judgment, the Referral Court, relying on Ext-2 i.e. order dated 16.01.2016 passed in L.A. Misc. Case No.202 of 2013, enhanced the compensation amount and the suit land in the said case is adjacent to the plot of the present Respondents, as is revealed from the Trace Map, marked as Ext-3.

6. Accordingly, the Misc Case as well as Appeal preferred under Section 54 of the Land Acquisition Act, 1894, stand dismissed on the ground of non-removal of defects, delay and laches.

7. Since this Appeal is dismissed at the stage of admission, Registry is directed to communicate this order to the Referral Court so also to the Respondents.

(S. K. Mishra) Judge Prasant

Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 17-Nov-2023 12:46:43