Orissa High Court
Mitra Podh vs State Of Odisha And Others .... Opposite ... on 26 November, 2025
Bench: K.R. Mohapatra, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 27-Nov-2025 18:29:11
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No.28704 of 2025
Mitra Podh .... Petitioner
Mr. Bijaya Kumar Behera-1, Advocate
-versus-
State of Odisha and Others .... Opposite Parties
Mr. Siba Narayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
26.11.2025
Order No.
Order No.
02. 1. This matter is taken up through hybrid mode.
2. The grievance of the Petitioner, in this writ application, is with
regard to inaction of the Special Land Acquisition Officer-cum-RRO,
Lower Indra Irrigation Project, Khariar (Opposite Party No.3) in
disposing of his application filed under section 28-A of the Land
Acquisition Act, 1894 (for brevity, 'the Act').
3. It is submitted by Mr. Behera, learned counsel for the Petitioner
that LAR No.30 of 2017 of village Belgaon in the District of Nuapada
referred under section 18 of the Act was disposed of vide judgment
dated 8th May, 2023 enhancing the compensation. Since the land of
the Petitioner was acquired under the same Notification No.54223
dated 7th November, 2000 under section 4(1) of the Act, the Petitioner
filed an application issued under section 28-A of the Act for
redetermination of compensation for acquisition of his land in terms of
judgment in LAR No.30 of 2017. The said application was not
disposed of within a reasonable time for which the Petitioner has
approached this Court in the present writ petition.
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 27-Nov-2025 18:29:11
Considering the grievance of the Petitioner, this Court vide
Order dated 27th October, 2025 directed learned State Counsel to take
instruction with regard to current status of the petition filed by the
Petitioner under section 28-A of the Act.
4. Mr. Biswal, learned Additional Standing Counsel, on receiving
written instruction from the Opposite Party No.3, submits that the
Government in the Department of Water Resources, Odisha,
Bhubaneswar, has communicated the sanction order in connection
with the judgment in LAR No.30 of 2017. Hence, the Special Land
Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar
vide his Letter No.2036 dated 21st November, 2025 stated that large
number of similar nature of cases are pending in the Office of the
Opposite Party No.3 and thus cases are being dealt with serially. The
written instruction of the Opposite Party No.3 vide Letter No.2036
dated 21st November, 2025 filed by Mr. Biswal, learned Additional
Standing Counsel is taken on record.
5. Considering the submissions made by the learned counsel for
the parties, this Court finds that sanction order in connection with
LAR No.30 of 2017 has already been received by Opposite Party
No.3.
Hence, this Court without expressing any opinion on the merit
of the case of the Petitioner in the application under section 28-A of
the Act, disposes of the writ petition with a direction that the petition
under section 28-A of the Act, filed by the Petitioner shall be disposed
of in accordance with law, as expeditiously as possible, preferably by
end of February, 2026 and decision thereof be communicated to the
Petitioner forthwith. If the Petitioner is found to be entitled to the
enhanced compensation in terms of judgment passed in LAR No.30 of
2017, then the differential amount along with other statutory dues
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 27-Nov-2025 18:29:11
shall be released in favour of the Petitioner, as expeditiously as
possible, preferably by end of June, 2026.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Judge
Rojalin
