Orissa High Court
Hublal Sahu vs State Of Odisha And on 20 January, 2025
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.645 of 2025
Hublal Sahu ..... Petitioner
Mr. K.C. Dash, Advocate
-versus-
State of Odisha and
..... Opp. Parties
others
Mr. Aurobinda Mohanty,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 20.01.2025
01. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
The writ petition has been filed by the petitioner
Hublal Sahu to direct the opp. party authorities more
particularly the opp. party no.3 Collector, Nuapada and
opp. party no.5 Executive Officer, Khariar Road NAC to
take immediate steps to acquire the encroached land of
the petitioner as per law and to pay the compensation
along with the consequential benefits to the petitioner in
lieu of acquisition of his land as per provision of Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 as well as
Odisha Resettlement and Rehabilitation Policy, 2006 as
amended up to August 2013 keeping in view of the
judgment dated 04.03.2017 passed by the Senior Civil
Judge, Nuapada in Civil Suit no.50 of 2014 under
Annexure-1 as well as the letter of Addl. Secretary, H&UD
Dept. dated 31.01.2024 under Annexure-3.
Learned counsel for the petitioner submitted that
the petitioner instituted Civil Suit no.50 of 2014 for
declaration and for eviction of the defendant no.2, the
Executive Officer, Khariar Road NAC, Khariar Road, Dist-
Nuapada from the suit land and for recovery of damage
from the defendants. The learned Senior Civil Judge,
Nuapada vide judgment dated 04.03.2017 has been
pleased to pass an exparte decree against the defendant
no.4 and 6 and on contest against the other defendants
and held that the encroachment of the suit land by the
defendant no.2 was illegal and he was directed to evict
from the suit land and it was further ordered that it is
open to the defendant no.1 and 2 to acquire the suit land
for the purpose of mini stadium and road at Khariar Road
as per law.
Learned counsel for the petitioner further submitted
that after receipt of such judgment, the Addl. Secretary to
Govt. has made a communication to the Collector and
District Magistrate, Nuapada (opp. party no.3) for
furnishing valuable information in that regard and for
taking necessary action and even though, the letter was
issued on 13.01.2024, but no response has been
submitted by the opp. party no.3.
Let the learned counsel for the State obtain
instruction about the status of the letter issued by the
Addl. Secretary to Govt. to the Collector and District
Magistrate, Nuapada (opp. party no.3) under Annexure-3,
whether the opp. party no.3 has passed any order or not
and whether any steps have been taken for acquiring the
land of the petitioner as per the judgment and order
passed by the Senior Civil Judge, Nuapada under
Annexure-1.
List this matter in the week commencing from
03.02.2025.
Instruction be obtained in the meantime.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
Rajesh
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 21-Jan-2025 18:51:46
