Madhuban Chhatria vs Alok Kar
2025 Latest Caselaw 5128 Ori

Orissa High Court

Madhuban Chhatria 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.5661 of 2024

                                   Madhuban Chhatria                .....           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, Madhuban Chhatria has filed this ORISSA, CUTTACK Date: 20-Mar-2025 12:58:56

contempt petition as the contemnors/opposite parties have flouted the order dated 08.04.2024 passed in

W.P.(C) No.7906 of 2024, wherein direction was issued to the Director (R & R) & Ex-Officio, Addl. Secretary to Govt., Department of Water Resources, contemnor/opp. party no.1 to take a decision on the recommendation of the Land Acquisition Officer, Nuapada, contemnor/opp. party no.2 in accordance with law within a period of eight weeks from the date of receipt of the copy of the order and if the claim of the petitioner was found legally acceptable, then contemnor/opp. party no.2 should take all steps to release the compensation amount in favour of the petitioner within a period of four weeks 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 18.02.2025, which is taken on record. The relevant portion of the instructions is as follows:

"I am directed to intimate you that the application of Madhuban Chhatria has been considered and rejected due to legal impediment in the form of non-applicability of the referred judgment for the petitioner. The speaking order is enclosed herewith."

In view of the above development, the contempt petition stands dropped. The petitioner is at liberty to challenge the order dated 18.02.2025 passed by the contemnor/opp. party no.1 before the appropriate authority.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

(Savitri Ratho) Judge Sipun