Pitambar Majhi vs Alok Kar
2025 Latest Caselaw 3916 Ori

Orissa High Court

Pitambar Majhi vs Alok Kar on 12 February, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CONTC No.195 of 2025

              Pitambar Majhi                        ....       Petitioner

                                   Mr. Bijaya Kumar Behera-1,
                                   Advocate

                                         -versus-

              Alok Kar, Director (R & R) ....               Opp. Parties
              and Ex-Officio,
              Addl. Secretary to Govt.,
              Department of Water
              Resources, Odisha,
              Bhubaneswar and another


                                   Miss Subhalaxmi Devi,
                                   Addl. Standing Counsel

                             CORAM:
                THE HON'BLE MR. JUSTICE S.K. SAHOO
             THE HON'BLE MISS JUSTICE SAVITRI RATHO
                                     ORDER

Order No.                          12.02.2025
   01.            This    matter    is    taken     up   through    Hybrid

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is the second contempt petition filed by the petitioner.

It appears that the petitioner filed W.P.(C) No.15425 of 2023, which was disposed of on

17.05.2023 with the following observation:-

"Having heard learned counsel for the parties and after going through the records, since the petitioner seeks direction for early disposal of the petition filed under Section 28-A of the L.A. Act, this Court is not inclined to grant any such direction at this stage. However, liberty is granted to the petitioner to file an application before the Special L.A.O., Khariar for early disposal of his petition under Section 28-A of the L.A. Act and in case such an application is filed, the same shall be considered and disposed of in accordance with law."

The petitioner filed the first contempt petition in CONTC No.744 of 2024 and vide order dated 09.04.2024, the same was disposed of since a submission was made at the Bar that the order dated 17.05.2023 passed in W.P.(C) No.15425 of 2023 has been complied with by passing an order by the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar.

Learned counsel for the petitioner has also annexed the said order, which is dated 06.04.2024 passed by the Special L.A. & R.R.O., Lower Indra

Irrigation Project, Khariar, wherein it is mentioned that the claim of the petitioner is genuine and the petitioner is entitled for higher compensation under section 28-A of the L.A. Act, 1894 as per the judgment of the learned Senior Civil Judge, Nuapada in L.A.R. No.184 of 2010.

While disposing of W.P.(C) No.15425 of 2023, liberty had been granted to the petitioner to move the Special Land Acquisition Officer, Khariar for early disposal of the petition under section 28-A of the L.A. Act, 1894, this contempt petition is therefore not maintainable and is accordingly, dropped.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

( Savitri Ratho) Judge RKM

Signed by: RABINDRA KUMAR MISHRA

Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Feb-2025 13:22:04