Orissa High Court
Kanhu Majhi vs State Of Odisha And Others .... Opp. ... on 19 August, 2025
Bench: K.R. Mohapatra, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 20-Aug-2025 10:22:58
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 17555 OF 2025
Kanhu Majhi .... Petitioner
Mr. Gopal Chandra Das, Advocate
on behalf of Mr. Dhananjaya Mund, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Siba Narayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 19.08.2025
2. 1. This matter is taken up through hybrid mode.
2. The grievance of the Petitioner, in this writ petition, is
with regard to inaction of the Special Land Acquisition Officer
& RRO, Lower Indra Irrigation Project, Khariar-Opposite Party
No.3 in disposing of his application filed under section 28-A of
the Land Acquisition Act, 1894 (for brevity, 'the Act').
3. It is submitted by Mr. Das, learned counsel being
authorized by Mr. Mund, learned counsel for the Petitioner that
LAR No.08 of 2017 of village Kalimati in the District of
Nuapada referred under section 18 of the Act was disposed of
vide judgment dated 14th September, 2023 enhancing the
compensation. Since the land of the Petitioner was acquired
under the same Notification No.23409 dated 16th May, 2001
under section 4(1) of the Act, the Petitioner filed an application
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 20-Aug-2025 10:22:58
issued under section 28-A of the Act for redetermination of
compensation for acquisition of his land in terms of judgment in
LAR No. 08 of 2017. The said application was not disposed of
within a reasonable time for which the Petitioner has
approached this Court in the present writ petition.
Considering the grievance of the Petitioner, this Court
vide Order dated 24th July, 2025 directed learned State Counsel
to take instruction with regard to current status of the petition
filed by the Petitioner under section 28-A of the Act.
4. Mr. Biswal, learned Additional Standing Counsel, on
receiving written instruction from the Opposite Party No.3,
submits that the Government in the Department of Water
Resources, Odisha, Bhubaneswar, has communicated the
sanction order in connection with the judgment in LAR No. 08
of 2017. Hence, the Special Land Acquisition Officer & RRO,
Lower Indra Irrigation Project, Khariar vide his Letter No.1401
dated 14th August, 2025 stated that in the instant LAR case, the
case of the Petitioner has been taken up and notice has been
issued for hearing. The written instruction of the Opposite Party
No.3 vide Letter No.1401 dated 14th August, 2025 filed by Mr.
Biswal, learned Additional Standing Counsel is taken on record.
5. Considering the submissions made by the learned counsel
for the parties, this Court finds that sanction order in connection
with LAR No. 08 of 2017 has already been received by
Opposite Party No.3.
Hence, this Court without expressing any opinion on the
merit of the case of the Petitioner in the application under
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 20-Aug-2025 10:22:58
Section 28-A of the Act, disposes of the writ petition with a
direction that the petition under section 28-A of the Act, filed
by the Petitioner shall be disposed of in accordance with law, as
expeditiously as possible, preferably by end of November, 2025
and decision thereof be communicated to the Petitioner
forthwith. If the Petitioner is found to be entitled to the
enhanced compensation in terms of judgment passed in LAR
No. 08 of 2017, then the differential amount along with other
statutory dues shall be released in favour of the Petitioner, as
expeditiously as possible, preferably by end of January, 2026.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
ms Judge
