Orissa High Court
Basant Kumar Nepak vs State Of Odisha & Ors on 4 September, 2023
1
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P (C) No.25103 of 2023
Basant Kumar Nepak ..... Petitioner
Mr. L.K. Maharana, Advocate
Vs.
State of Odisha & Ors. ..... Opposite Parties
Addl. Government Advocate
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
04.09.2023
W.P.(C) No.25103 of 2023
And
I.A. No.12919 of 2023
Order No. This matter is taken up through hybrid mode.
2. Heard Mr. L.K. Maharana, learned counsel appearing for
the petitioner.
3. The petitioner has filed this writ petition seeking to quash
the order dated 19.01.2023 passed by learned District Judge,
Ganjam, Berhampur in S.P.J.C. No.01 of 2020 under Annexure-
8 and to declare the acquisition proceeding vide notification
dated 05.05.2016 as invalid as lapsed by the operation of
statutory provision of law.
4. Mr. L.K. Maharana, learned counsel appearing for the
petitioner contended that the petitioner filed Civil Suit No.36 of
2016 against all other co-sharers including the purchaser-
Kautaki Sahu, who is opposite party no.14 challenging the RSD
No.4659 dated 12.08.2008 in the court of learned Civil Judge
(Junior Division), Berhampur. He also filed another C.S. No.92
of 2008 in respect of the properties including the Plot
No.2605/3290. It is admitted that both the suits are pending
before the learned Civil Judge (Junior Division), Berhampur. At
this point of time, a reference was made under Section 3-H (4) of
the National Highways Act, 1956 to the Court of learned District
Judge, Ganjam for apportionment of properties. Though
objection was raised before the learned District Judge stating,
inter alia, that during pendency of the civil suits, the
apportionment of properties should not be made till disposal of
the said suits. But, learned District Judge, Ganjam passed the
judgment on 19.01.2023 apportioning the compensation amount
and clarified that opposite party no.14, the stranger is entitled to
get 1/10 share of the compensation amount awarded in favour of
the parties. Therefore, it is contended that unless the civil suits
are decided, such apportionment cannot be sustained in the eye
of law.
5. Issue notice to the opposite parties.
6. Let one extra copy of the writ petition be served within
three days on learned Additional Government Advocate, as he
appears for opposite party no.1 to enable him to obtain
instructions or file counter affidavit.
7. Requisites for issuance of notice to opposite parties no.2
to 14 by Registered Post with A.D. shall be filed within three
days. Office shall send notice to the said opposite parties fixing a
short returnable date.
8. As an interim measure, it is directed that the judgment
dated 19.01.2023 passed by the learned District Judge, Ganjam
in S.P.J.C. No.01 of 2020 under Annexure-8 shall remain stayed
till 26.09.2023.
(DR. B.R. SARANGI)
JUDGE
Alok (M.S. RAMAN)
JUDGE
Signature Not Verified
Digitally Signed
Signed by: ALOK RANJAN SETHY
Designation: Secretary
Reason: Authentication
Location: Orissa High Court
Date: 04-Sep-2023 17:02:15
