Phaganu Parabhue vs Alok Kar
2025 Latest Caselaw 5124 Ori

Orissa High Court

Phaganu Parabhue vs Alok Kar on 19 March, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                CONTC No.7383 of 2024

                                   Phaganu Parabhue                 .....           Petitioner

                                                                 Mr. Bijaya Kumar Behera-1
                                                                 Advocate
                                                                 -versus-
                                   1. Alok Kar, Director
                                   (R & R) & Ex-Officio,
                                   Additional Secretary to
                                   Govt., Department of
                                   Water Resources,
                                   Odisha, Bhubaneswar
                                   2. Kalu Majhi, Special
                                   Land Acquisition
                                   Officer, Lower Indra
                                   Irrigation Project,
                                   Khariar, Nuapada                  .....        Contemnors/
                                                                                  Opp. Parties
                                                                 Mr. Jateswar Nayak,
                                                                 Addl. Govt. Advocate
                                                             CORAM:
                                       THE HON'BLE MR. JUSTICE S.K. SAHOO
                                    THE HON'BLE MISS JUSTICE SAVITRI RATHO

                                                             ORDER

  Order No.                                                19.03.2025
               02.                       This     matter    is    taken      up   through    Hybrid

arrangement (video conferencing/physical mode).

Heard.

Designation: Senior Stenographer

The petitioner, Phaganu Parabhue has filed this ORISSA, CUTTACK Date: 20-Mar-2025 12:58:56

contempt petition as the contemnors/ opposite parties have flouted the order dated 03.04.2024 passed in

W.P.(C) No.7621 of 2024, wherein direction was issued to the Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada, contemnor/opp. party no.2 to dispose of the L.A.R. Case No.50 of 2018 in accordance with law within a period of three months from the date of production of the certified copy of the order and if the application under section 28-A of the Land Acquisition Act, 1894 is allowed, then the compensation amount be disbursed to the petitioner within a period of two months thereafter.

As per the order dated 21.11.2024, learned counsel for the State has received instructions from the contemnor/opp. party no.1 dated 15.01.2025, which is taken on record. The relevant portion of the instructions is as follows:

"I am directed to convey the sanction of the payment Rs.8,76,706/- (eight lakhs seventy six thousand seven hundred six) only towards the decretal dues u/s 28(A) of the L.A. Act, 1894 in favour of Nila Parabhoe & others of the village- Haripur under Lower Indra Irrigation Project, Khariar, Nuapada for Ac.0.99 dec. of land considering the application of Phaganu Parabhoe at par with the judgment dtd.24.09.2018 passed by the Senior Civil Judge, Nuapada in L.A.R. No.50 of 2018 (Jaldhar Behera -Vs- Spl. LA & RRO, LIIP, Khariar, Nuapada)."

Learned counsel for the petitioner submits that the amount, which has been sanctioned by the

contemnor/opp. party no.1 is at a lower side and the petitioner may be granted liberty to challenge the sanctioned amount before the appropriate authority.

In view of the above development, the contempt petition stands dropped granting liberty to the petitioner to challenge the sanctioned amount before the appropriate authority.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

(Savitri Ratho) Judge Sipun