Orissa High Court
Bhanu Majhi vs State Of Odisha And Others .... Opp. ... on 30 October, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 23457 OF 2025
Bhanu Majhi .... Petitioner
Mr. Gopal Chandra Das, Advocate
on behalf of Mr. Dhananjaya Mund, Advocate
-versus-
State of Odisha and Others .... Opp. Parties
Mr. Swayambhu Mishra, ASC
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 30.10.2025
4. 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.21 of 2021 of village Jhalkusum in the
District of Nuapada referred under section 18 of the Act was
disposed of vide judgment dated 18th April, 2024 enhancing the
compensation. Since the land of the Petitioner was acquired under
the same Notification No.23428 dated 16th May, 2001 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. 21 of 2021. 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 8th 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.Mishra, 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.21 of 2021 vide order No.15002/WR
dated 2nd June, 2025. Hence, the Special Land Acquisition Officer &
RRO, Lower Indra Irrigation Project, Khariar vide his Letter
No.1905 dated 29th October, 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.1905 dated 29th October, 2025 filed by Mr.
Mishra, 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.21 of 2021 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.21 of 2021, 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 April, 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: 30-Oct-2025 19:24:22
