Orissa High Court
Bighna Patel vs State Of Odisha And Others .... Opp. ... on 19 June, 2025
Bench: K.R. Mohapatra, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 19-Jun-2025 16:58:12
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.9759 OF 2025
Bighna Patel .... Petitioner
Mr. Bijaya Kumar Behera (1), Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Sabita Ranjan Pattnaik,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 19.06.2025
01. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for the following relief:
"Under the afore stated circumstance more fully narrated here in
above the petitioners most humbly prays that, this Hon'ble Court
may graciously be pleased to admit this writ application, issue
Rule of NISI calling upon the Opp. parties to show cause.
A. As to why the letter dated 04.04.2024 rejecting the application
filed by the petitioner under Section 28(A) of LA Act, 1894 by the
present Special LAO opp. Party no. 3, under Annexure-5 shall
not be quashed, and
B. As to why the opposite parties more particularly opposite party
no. 3 the Special LAO, Lower Indra Irrigation Project, Khariar,
shall not be directed to dispose of the application dated
27.02.2023 U/s. 28-A of L.A. Act. under Annexure-1, afresh for
re-determination of the amount of compensation on the basis of
the award/judgment of the court dated 10.02.2023 in respect of
the L.A.R. Case no. 183/2010 in village Konabira in the district of
Nuapada, as per the sanction order dated 20.03.2025 under
Annexure-6, due to acquisition of his land for construction of
Lower Indra Irrigation Project, Khariar, and,
C. And as to pass such other order or orders as this Hon'ble
Court deem fit and proper.
And on their failure to show cause or showing in sufficient cause,
this Hon'ble Court be pleased to make the said RULE absolute by
way of issuing appropriate writ or writs, order or orders in the
facts and circumstances of the present case.
And for this act of your lordships kindness the petitioner as in
duty bound shall ever pray."
3. In course of hearing, Mr. Behera, learned counsel for the
Petitioner submits that an application for early disposal of the
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 19-Jun-2025 16:58:12
proceeding under Section 28-A of the Land Acquisition Act, 1894
(for brevity 'the Act') was rejected by the Special Land Acquisition
Officer-cum-RRO, Lower Indra Irrigation Project, Khariar-
Opposite Party No.3.
4. It is further submitted by Mr. Behera, learned counsel for the
Petitioner that petition for early disposal of the proceeding under
Section 28-A of the Act was rejected only on the ground that
although the estimate in LAR Case No.183 of 2010 filed by one
Puten Majhi under Section 18 of the Land Acquisition Act, 1894
(for brevity 'the Act') was submitted for sanction of the Department
of Water Resources vide officer letter No.7683 dated 20th March,
2025, but the same was not sanctioned by that date. At present, the
amount as directed in LAR Case No.183 of 2010 has already been
sanctioned by Government of Odisha. As such, there is no
difficulty in disposing of the proceeding under Section 28-A of the
Act.
5. He, therefore, prays for withdrawal of writ petition to pursue
the authority, namely, Special Land Acquisition Officer-cum-RRO,
Lower Indra Irrigation Project, Khariar-Opposite Party No.3 for
disposal of the aforesaid proceeding.
6. In view of the above, this writ petition is disposed of as
withdrawn.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Rojalin Judge
