Orissa High Court
Banamali Naik @ Ranasia vs State Of Odisha & Others .... Opp. ... on 4 April, 2025
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 8992 of 2025
Banamali Naik @ Ranasia .... Petitioner
Mr. S.P. Dash, Advocate
-versus-
State of Odisha & Others .... Opp. Parties
Mr. S. B. Mohanty, AGA
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 04.04.2025
01. 1. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
2. Heard learned counsel for the Parties.
3. This Writ Petition has been filed by the Petitioner
with the following relief:-
"i. The order dated 05.07.2024 passed by the Special
Land Acquisition & Rehabilitation Officer,
Mayurbhanj, Karanjia the Opp. Party No-3 under
Annexure-5 shall not be quashed/set-aside.
ii. The Special Land Acquisition & Rehabilitation
Officer, Mayurbhanj, Karanjia shall not be directed to
disburse 1/3 share of the compensation amount to the
petitioner awarded in L.A. Case No-19/2018 as per
the land acquired vide Khata No-217, i.e 1152, Area
AcO.26 Dec., Plot No-1321, Area AcO.33 Dec., Plot
No-1322 Area Ac0.13 and Plot No-1734 Area
AcO.82, total acquired of land is Ac 01.54 Dec. in
view of the Judgment dated 17.02.2001 passed in
Title Appeal No-2 of 1995".
4. Learned counsel for the Petitioner submits that
earlier the Petitioner approached this Court in W.P.(C)
No.8670 of 2024 and the same was disposed of vide
order dated 12.04.2024 in which direction was issued to
the Opposite Party No.3-Special Land Acquisition &
Rehabilitation Officer, Mayurbhanj to consider and
dispose of the representation filed by the Petitioner and
pass appropriate order.
5. Learned counsel for the Petitioner submits that in
terms of such order, a decision has been taken by the
Opposite Party No.3 on 15.07.2024 under Annexure-4
which is impugned in this case and he submits the
findings of the Opposite Party No.3 wherein it is stated
as follows:-
"On dated 14.03.2022 before payment of L.A
compensation to the other awardees of HAL RoR-
217, Banamali Ranasia has given a written consent
that he has no objection if LA compensation as per
share was paid to the present RTs/ legal heirs of RTs
of Hal Khat No-217".
6. Learned counsel for the Petitioner submit that
the Petitioner has never given the written consent that
the amount which falls in his share is also to be paid
to the RTs/Legal Heirs of the RTs if Hal Khata
No.217 and therefore the Petitioner is entitled to get
the compensation in view of the findings made in the
judgment dated 17.02.2021 passed by the learned
District Judge, Keonjhar in Title Appeal No.2 of 1995
to appreciate the submission raised by the learned
counsel for the Petitioner. Perusal of the written
consent is very much necessary.
7. Learned counsel for the Petitioner seeks two
weeks adjournment.
8. List this matter on 22.04.2025.
(S. K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
AKPradhan/Bijay
