Orissa High Court
Bhagban Singh 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. 14485 OF 2025
Bhagban Singh .... 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.44 of 2022 of
village Rajna in the District of Nuapada referred under section 18 of the
Act was disposed of vide judgment dated 26th April, 2024 enhancing the
compensation. Since the land of the Petitioner was acquired under the
same Notification No.15266 dated 26th March, 2001 published under
section 4(1) of the Act, the Petitioner filed an application under section
28-A of the Act for redetermination of compensation for acquisition of
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 20-Aug-2025 10:22:58
his land in terms of the judgment passed in LAR No. 44 of 2022. But,
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 30th 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. Upon receiving written instruction from the Opposite Party No.3,
Mr. Biswal, learned Additional Standing Counsel submits that
Government in the Department of Water Resources, Odisha,
Bhubaneswar have been moved by the Opposite Party No.3 for sanction
of the decreetal dues in LAR No.44 of 2022 vide Office Letter No.1450
dated 16th August, 2025. The sanction of decreetal amount is awaited.
After receipt of the sanction order in LAR No. 44 of 2022, the case of
the Petitioner will be processed. The Opposite Party No.3 is making a
sincere endeavour for early disposal of the application under Section 28-
A of the Act. The written instruction of the Opposite Party No.3 vide
Letter No.1450 dated 16th 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 without delving into the merit of the case of the
Petitioner in the application filed under section 28-A of the Act, disposes
of the writ petition with a direction that steps shall be taken by the
Special Land Acquisition Officer & RRO, Khariar to dispose of the
application filed by the Petitioner under section 28-A of the Act as
expeditiously as possible, preferably by end of December, 2025 and the
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 20-Aug-2025 10:22:58
decision thereof be communicated to the Petitioner forthwith. The
Opposite Party No.3 may also move the Government for early sanction
of the decreetal amount in LAR No. 44 of 2022. If it is held that the
Petitioner is entitled to compensation in terms of LAR No. 44 of 2022,
then steps shall be taken to disburse the differential compensation along
with other statutory dues by end of February, 2026.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
ms Judge
