Orissa High Court
Binita Sahoo vs State Of Odisha And Others .... Opp. ... on 7 May, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12461 of 2025
Binita Sahoo .... Petitioner
Mr.Manoj Panigrahi, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Jateswar Nayak, AGA
CORAM:
HON'BLE MR. JUSTICE S.K. SAHOO
HON'BLE MR. JUSTICE S. S. MISHRA
ORDER
Order No. 07.05.2025
01. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This writ petition has been filed by the Petitioner Binita
Sahoo seeking for a direction to the opposite party no.2 Land
Acquisition Officer -cum- Collector, Kendrapara to award
compensation to her for acquisition of an area Ac.0.024 dec. out
of area Ac.0.090 dec. from Plot No.1426/2512, Khata No.
899/104, mouza Garapur in the district of Kendrapara.
It appears that the petitioner earlier approached this
Court in W.P.(C) No.14358 of 2016 for a direction for payment
of compensation for acquisition of her land bearing Mutation Plot
No.1426/2512 under Mutation Khata No.899/104 measuring an
area of Ac.0.03 dec. in mouza Garapur in the district of
Kendrapara. In the said writ petition, counter affidavit was filed
by the State wherein it is stated that the land of the petitioner
has not been acquired or utilized by the State and therefore, the
question of payment of compensation does not arise. Basing on
such counter affidavit, this Court vide order dated 17.04.2918
held that the prayer of compensation cannot be granted to the
petitioner. However, the petitioner was given liberty to approach
the competent Civil Court for appropriate relief.
It is the submission of the learned counsel for the
petitioner that the petitioner thereafter approached the learned
Senior Civil Judge, Kendrapara in Civil Suit No. 256 of 2018 in
which judgment was pronounced on 15.05.2019 and the suit
was decreed ex parte against the defendants and it was held
that the right, title and interest of the plaintiff (petitioner herein)
and proforma defendants over the suit land measuring an area
Ac.0.012 dec. was declared and their possession over the same
was confirmed.
Learned counsel for the petitioner submitted that on the
basis of the letter No. 2506 dated 03.04.2017 of the Tahasildar,
Kendrapara and letter dated 28.11.2019 of the Executive
Engineer (R & B) Sub-Division, Kendrapara, the Revenue
Inspector, Garapur submitted his report vide letter No.07 dated
16.01.2020 under Annexure-13 wherein it was indicated that the
aforesaid plot No.1426/2512 of Khata No.899/104 has been
acquired by the Government. Learned counsel further submitted
that in view of such favourable report of the R.I. and since the
land of the petitioner has been acquired for widening and
strengthening of Jagatpur-Chandbali road, the petitioner is
entitled to get compensation, which has not been paid to her.
Issue notice to the opposite parties on the question of
admission indicating therein that the matter shall be disposed of
at the stage of admission.
Learned counsel for the State accepts notice for opposite
parties 1 to 5.
Five extra copies of the writ petition with its enclosures
be served on the learned counsel for the State by Friday
(09.05.2025).
Requisites for issuance of notice to the proforma opposite
parties nos. 6 and 7 with proof of delivery shall be filed by that
date.
List this matter in the week commencing from 30th June
2025.
Counter, if any, may be filed in the meantime serving
copy thereof on the learned counsel for the petitioner.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
PKSahoo
Location: HIGH COURT OF ORISSA
