Orissa High Court
Hrudaya Majhi vs State Of Odisha And Others .... Opp. ... on 26 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: 26-Aug-2025 18:08:36
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 19416 OF 2025
Hrudaya Majhi .... Petitioner
Mr. Pratap Kumar Behera, 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. 26.08.2025
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. Behera, learned counsel for the Petitioner
that LAR No.36 of 2022 of village Jhalkusum in the District of Nuapada
referred under section 18 of the Act was disposed of vide judgment dated
15th March, 2024 enhancing the compensation. Since the land of the
Petitioner was acquired under the same Notification No.23428 dated 16th
May, 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 his land in terms of the judgment passed
in LAR No. 36 of 2022. But, the said application was not disposed of
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 26-Aug-2025 18:08:36
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 6th August, 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.36 of 2022 vide Office Letter No.1491
dated 23rd August, 2025. The sanction of decreetal amount is awaited.
After receipt of the sanction order in LAR No.36 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.1491 dated 23rd 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
decision thereof be communicated to the Petitioner forthwith. The
Opposite Party No.3 may also move the Government for early sanction
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 26-Aug-2025 18:08:36
of the decreetal amount in LAR No.36 of 2022. If it is held that the
Petitioner is entitled to compensation in terms of LAR No.36 of 2022,
then steps shall be taken to disburse the differential compensation along
with other statutory dues by end of March, 2026.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
ms Judge
