Mahanadi Coalfields Ltd vs Bhabani Shankar Dixshit
2025 Latest Caselaw 9879 Ori

Orissa High Court

Mahanadi Coalfields Ltd vs Bhabani Shankar Dixshit on 11 November, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              LAA No.23 of 2025

                 Mahanadi Coalfields Ltd.,    ...          Appellant
                 Jharsuguda
                                       Mr. Pratyush Ranjan Patnaik,
                                                          Advocate

                                      -versus-
                 Bhabani Shankar Dixshit         ...   Respondents
                 & others
                                            Mr. B. Mohanty, Advocate
                                          (For Respondent Nos.1 to 4)
                                                 Mr. P.P. Behera, ASC
                                                (For Respondent No.5)

                  CORAM: JUSTICE SANJAY KUMAR MISHRA

                                     ORDER

11.11.2025 Order No.

07. This matter is taken up through hybrid mode.

2. Office note indicates that inadvertently, the year of the Appeal mentioned against the order No.5 dated 08.09.2025 has been wrongly typed as "2016", instead of "2025".

3. This being a typographical error, the same be read as "2025".

4. Though the Appeal has been listed today under the heading "Fresh Admission", on consent of learned Counsel for the Parties, the matter is taken up for hearing and disposal at the stage of admission.

5. Heard learned Counsel for the parties.

6. This Appeal has been preferred by the Appellant with the following prayers:

"PRAYER In the circumstances stated above it is humbly prayed that the appeal may be admitted the Respondents may be noticed, the L.C.R. may be called for and after hearing the parties the appeal may kindly be allowed by modifying the judgment dt-20.1.2024 passed by the Learned Civil Judge (Sr. Divn.) Jharsuguda, in L. A. Case NO-15/1991, with regard to that the Respondent NO-1 to 4 are entitled of 1/4th share of Ac3.32dec instead of entitled of the entire area of land measuring Ac3.32dec of Khata NO-30.

And any other relief/reliefs may be granted in favour of the appellant on the facts and circumstances of the case."

(Emphasis supplied)

7. During hearing, Mr. Mohanty, learned Counsel, who represents the private Respondent Nos.1 to 4 submits, he has no objection, if the prayer made in this Appeal is allowed.

8. Accordingly, the impugned judgment dated 20.01.2024 passed in L.A. Case No.15/161 of 1991-04 is modified to the extent that the Respondent Nos.1 to 4 are entitled to 1/4th share out of Ac.3.32 decimals, instead of entire area of lands measuring Ac.3.32 decimals of Khata No.30, as has been wrongly awarded in favour of the Respondents vide the impugned

judgment.

9. Office is directed to send a copy of this order to the learned Court below to pass a fresh judgment/award in terms of the observation made above and forward the same to the Special Land Acquisition Officer, S.E.C.L., now M.C.L., to act in terms of such modified judgment.

10. With the aforesaid observation and direction, the Appeal stands allowed and disposed of.

11. Urgent certified copy of this order be granted on proper application as per rule.

(S.K. MISHRA) JUDGE Prasant

Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 12-Nov-2025 19:19:30