Orissa High Court
Sundar Kata vs State Of Odisha And Others .... Opp. ... on 11 November, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 22620 OF 2025
Sundar Kata .... Petitioner
Mr. Gopal Chandra Das, Advocate
-versus-
State of Odisha and Others .... Opp. Parties
Mr. S.R. Pattnaik, AGA
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 11.11.2025
2. 1. This matter is taken up through hybrid mode.
2. The grievance of the Petitioner, in this writ petition, is with
regard to inaction of the Special Land Acquisition Officer &
R.R.O., 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. Das, learned counsel for the Petitioner
that LAR No.32 of 2019 of village Haripur in the District of
Nuapada referred under section 18 of the Act was disposed of vide
judgment dated 2nd April, 2024 enhancing the compensation. Since
the land of the Petitioner was acquired under the same Notification
No.57599 dated 5th December, 2003 published under section 4(1)
of the Act, the Petitioner filed an application under section 28-A of
the Act for redetermination of compensation for acquisition of his
land in terms of the judgment passed in LAR No. 32 of 2019. But,
the said application was not disposed of within a reasonable time
for which the Petitioner has approached this Court in the present
writ petition.
Considering the grievance of the Petitioner, this Court vide
Order dated 20th September, 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. S.R. Pattnaik, learned Additional Government Advocate,
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. 32 of 2019 vide order No.35154/WR
dated 21st December, 2024. Hence, the Special Land Acquisition
Officer & RRO, Lower Indra Irrigation Project, Khariar vide his
Letter No.1961 dated 7th November, 2025 stated that in the instant
LAR case, the case of the Petitioner has been taken up and notice has
been issued for hearing. The written instruction of the Opposite Party
No.3 vide Letter No. 1961 dated 7th November, 2025 filed by Mr.
Pattnaik, learned Additional Government Advocate 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. 32 of 2019 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 January, 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. 32
of 2019, then the differential amount along with other statutory dues
shall be released in favour of the Petitioner, as expeditiously as
possible, preferably by end of May, 2026.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
puspa Judge
Signed by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 12-Nov-2025 11:45:13
