Falguni @ Faguni Badhei & vs Mahanadi Coal Fields Limited
2025 Latest Caselaw 355 Ori

Orissa High Court

Falguni @ Faguni Badhei & vs Mahanadi Coal Fields Limited on 8 May, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P. (C) No.5854 of 2025

               Falguni @ Faguni Badhei &     ....      Petitioners
               others
                                    Mr.Shambhuy Charan Nath Sharma,
                                                           Advocate
                                    -versus-
               Mahanadi Coal Fields Limited, ....   Opp. Parties
               Sambalpur & another

                                   CORAM:
                        HON'BLE MR. JUSTICE S.K. SAHOO
                        HON'BLE MR. JUSTICE S.S. MISHRA
                                          ORDER

08.05.2025 Order No.

03. This matter is taken up through Hybrid arrangement (Video Conferencing/physical mode).

Learned counsel for the petitioners files an additional affidavit of the petitioners annexing the certified copy of the order-sheet of R.F.A. Case No.19 of 2024 of the Court of the learned District Judge, Jharsuguda in Court today. The said affidavit is taken on record.

The petitioners have challenged the letter dated 21.08.2024 of the General Manager, Ib Vallue Area, Mahanadi Coal Fields Limited, Oppostie Party No.2 wherein it has been held as follows:-

"Since, the land share of Late Prabhakar Padhan out of Khatian No.91 of Mouza Belpahar is subjudice in the Court of Law. Hence, the prayer of the petitioners in their representation for disbursement of compensation and other benefits if any against the land acquired out of the share of Late Prabhakar Padhan in in Khatian No.91 of Mouza-Belpahar will be decided as per provisions of law and only after disposal of the appeal filed by Sri Benudhar Padhan & Others in RFA Case No.19/2024.

The representation filed by the petitioners at Annexure- in WP (C) No.11567/2024 is disposed of accordingly."

Since from the order-sheet placed today by the learned counsel for the petitioners before us, it appears that the hearing of the appeal was to be held on 25.04.2025 and according to the learned counsel for the petitioners, the same could not take place, we direct the learned District Judge, Jharsuguda to expedite the hearing of the appeal, i.e., R.F.A. No.19 of 2024 and pronounce the judgment preferably within three months from the date of reopening of the Court after the ensuing Summer Vacation.

The parties shall cooperate with learned District Judge, Jharsuguda for hearing of the aforesaid appeal.

The writ petitioner is disposed of accordingly. Issue urgent certified copy of this order as per rules.

(S.K. Sahoo) Judge

Basu (S.S. Mishra) Judge

Location: HIGH COURT OF ORISSA : CUTTACK