Orissa High Court
Pradyumna Sa vs Trinath Barik & Others on 12 March, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
LAA No.41 of 2015
Pradyumna Sa .... Appellant
Mr. Ankit Mohanty, Advocate on
behalf of Mr. Adhiraj Behera, Advocate
-versus-
Trinath Barik & Others .... Respondents
Mr. C. Anand Rao, Senior Advocate along with
Mr. Gokula Nanda Sahu, Advocate for Respondent Nos.2 & 3
Mr. Anshuman Sethy, ASC for Respondent No.4
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
24. 12.03.2025
This matter is taken up through Hybrid Mode.
2. This Court vide order dated 17.02.2025 recording the
submission of Mr. C. Anand Rao, learned Senior Advocate
appearing for the Respondent Nos.2 & 3 passed the following
order:-
"2. Mr. C. Anand Rao, learned senior counsel along with
Mr. Gokulananda Sahu, learned counsel appearing for
respondent nos.2 and 3 submitted that respondent no.1
failed to substantiate his claim to be adopted son of
Sumitra, even before this Court in RSA No.301 of 2014
(Arnapurna Pradhan Vrs. Trinath Barik and others),
disposed of on 27.09.2024. He submitted that by virtue of
the impugned judgment dated 25.07.2015 passed by the
learned Senior Civil Judge, Sundargarh in Land Acquisition
Reference Case No.4 of 2009, it has clearly been
established that the purchaser (Basanta Kumar Naik) of the
suit schedule property, is entitled to receive the entire
compensation amount of Rs.13,75,860/- on account of
acquisition of his land by the Government out of Hal Khata
No.65 of Mouza- Girisuan. The said judgment is under
challenge in the present Land Acquisition Appeal.
3. Mr. C.A. Rao, learned senior counsel appearing for
respondent nos.2 and 3 further submitted that the appellant
having lost the claim before this Court in the 2nd Appeal,
there remains nothing for further adjudication for
determining the entitlement of the valid purchaser for
receiving the aforesaid compensation amount. Therefore, he
suggested to dismiss this Land Acquisition Appeal.
4. At this stage, Mr. Adhiraj Behera, learned counsel
appearing for the appellant seeks ten days accommodation
as a last indulgence.
5. List this matter on 04.03.2025."
3. As is revealed, this matter has been kept pending in view of
the Special Leave Petition (Civil) Diary No(s).819 of 2025 has been
filed by the Trinath Barik (Respondent No.1 herein) challenging the
Judgment dated 27.09.2024 passed by this Court in RSA No.301 of
2014.
4. Today, it is brought to the notice of this Court that said SLP
has come to be dismissed vide order dated 21.02.2025 by the
Hon'ble Supreme Court of India.
5. In view of the said position, this Land Acquisition Appeal is
dismissed and Judgment dated 25.07.2015 passed in Land
Acquisition Reference Case No.04 of 2009 by the learned Senior
Civil Judge, Sundargarh is confirmed. Accordingly, the purchaser
of the suit schedule property, namely, Basanta Kumar Naik is
entitled to receive the entire compensation of amount of
Rs.13,75,860/- on account of acquisition of his land by the
Government out of Hal Khata No.65 of Mouza-Girisuan. The
Respondent No.4-Land Acquisition Officer, Sundargarh is
requested to act as per Judgment dated 25.07.2015 passed in Land
Acquisition Reference Case No.04 of 2009 by the learned Senior
Civil Judge, Sundargarh.
6. Mr. C. Anand Rao, learned Senior Counsel assisted by Mr.
Gokula Nanda Sahu, learned counsel appearing for the Respondent
Nos.2 & 3 submitted that during the pendency of the litigation, ex-
gratia amount is pending for disbursal by the Additional District
Magistrate (Revenue), Sundargarh.
7. In this regard, the purchaser, namely, Basanta Kumar Naik
may file representation/application before the authority concerned-
Additional District Magistrate (Revenue), Sundargarh, which shall
be considered and the said authority is also required to take into
account the entitlement as adjudicated in the judgment dated
25.07.2015 of the learned Senior Civil Judge, Sundargarh in Land
Acquisition Reference Case No.04 of 2009.
(M.S. Raman)
Judge
Laxmikant
Signed by: LAXMIKANT MOHAPATRA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Mar-2025 17:53:50
