Chhatrapati Majhi vs State Of Odisha And Others .... Opp. ...
2025 Latest Caselaw 7039 Ori

Orissa High Court

Chhatrapati Majhi vs State Of Odisha And Others .... Opp. ... on 15 April, 2025

Bench: S.K. Sahoo, Chittaranjan Dash

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      W.P.C. No.9631 of 2025

                        Chhatrapati Majhi                 ....          Petitioner
                                                   Mr. B. K. Behera-1, Advocate
                                                 -versus-
                        State of Odisha and Others          ....        Opp. Parties
                                                                 Ms. S. Devi, ASC
        Advoc




                                  CORAM:
                    THE HON'BLE MR. JUSTICE S.K. SAHOO
                THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
                                                  ORDER

Order No.                                        15.04.2025
  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 challenging the letter dated 04.04.2024 issued by the Special L.A. & R.R.O., Lower Indra Irrigation Project, Khariar (Nuapada) in rejecting his petition under Section 28-A of the LA Act 1894 which was filed on the strength of judgment dated 10.02.2023 in LAR Case No.183 of 2010 disposed of by the learned Sr. Civil Judge, Nuapada on the ground that the estimate in the referred LAR Case No.183 of 2010 filed by Puten Majhi has been submitted for kind sanction to Department of Water Resources vide Office Letter No.978 dated 02.06.2023 but the same had not been sanctioned.

4. Learned counsel for the Petitioner submits that the Director, R&R -cum-Additional Secretary to Govt. vide letter dated 30.02.2025 under Annexure-6 has been pleased to sanction the decreetal dues amounting to Rs.2,48,57,805 towards the decreetal dues in compliance of the order dated 10.02.2023 of the Court of the Civil Judge (SD), Nuapada in LA Reference Case No.183 of 2010. However, since the petition under section 28-A which was supposed to be filed within a period of three months from the date award of the Court has been rejected vide Annexure-5 and the Petitioner file such petition once again which would be not entertained in view of the time stipulated under Section 28-A of the LA Act, the order dated 04.04.2024 under Annexure-3 may be directed to take a fresh decision on the petition filed by the Petitioner under Section 28-A of the Act in view of the sanction of the decreetal dues made under Annexure-6.

5. Learned counsel for the State has no serious objection to such prayer.

6. Considering the submission made by the learned counsel for the respective parties, taking into account the ground for which the petition under Section 28-A of the LA Act filed by the Petitioner was rejected and further the fact that in the meantime under Annexure-6, the decreetal dues has been sanctioned by the Govt., we set aside the order dated 04.04.2024 under Annexure-5 and Opposite Party No.3 has to freshly adjudicate the matter in accordance with law within a period of three months from the date of production of the certified copy of this order.

7. It is made clear that we have not expressed any opinion on the merits of the Petition under Section 28-A of the LA Act filed by the Petitioner.

(S. K. Sahoo) Judge

(Chittaranjan Dash) Judge

AKPradhan

Location: HIGH COURT OF ORISSA