Keshab Kumar Pani vs Union Of India And Others .... Opp. ...
2025 Latest Caselaw 8383 Ori

Orissa High Court

Keshab Kumar Pani vs Union Of India And Others .... Opp. ... on 17 September, 2025

Bench: K.R. Mohapatra, Savitri Ratho

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.P.(C) No.18978 OF 2025
                 Keshab Kumar Pani                                  ....         Petitioner
                                       Mr.Subhransu Bhusan Mohanty, Advocate
                                                -versus-
                 Union of India and Others                          ....     Opp. Parties

                                                     Mr.Darpanarayan Pattnayak,
                                        Senior Panel Counsel appearing for O.P.1
                                                      Mr.Manmaya Kumar Dash,
                                                    Additional Standing Counsel
                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                      JUSTICE SAVITRI RATHO
                                       ORDER

Order No.                             17.09.2025
   01.      1.      This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition prays for the following relief:-

" It is therefore prayed that, this Hon'ble Court may graciously be pleased:-

(i) To admit this writ application.

(ii) To direct the Opposite Parties (more particularly Competent Authority of (Land Acquisition) N.H.-cum-

Tahasildar, Bangiriposhi to determine the compensation in respect of the acquired Plot 364 over Khata No.107, Mouza-Jagannathkhunta, Tahasil- Bangiriposhi in view of Govt. Guidelines dtd.26.12.2017 issued by Ministry of Road Transport and Highway taking reference to the judgment dtd.11.02.2025 passed in C.S. No.55/153 of 2020-2024 by the 2nd Additional Civil Judge (Sr. Division), Baripada wherein the declaration is given in favour of the Plaintiff (Petitioner) for his right, title and interest over the Schedule plot No.364 (now under acquisition) and the amount of revised compensation with Rehabilitation benefits be extended in favour of the Petitioner as an affected family defined under section 3(C)(i) of RFCTLA RR Act, 2013.

Any may pass any other order(s)/directions (S) as deemed fit and proper in the interest of justice."

3. Mr. Mohanty, learned counsel for the Petitioner submits that the Competent Authority, Land Acquisition (N.H.)-cum- Tahasildar, Bangiriposhi (Opposite Party No.4) has not yet finalized the award in respect of acquisition of land of the Petitioner. In the meantime, the Petitioner has obtained an ex parte decree in Civil Suit No.55/153 of 2020-2024 in the Court of learned Second Additional Civil Judge (Senior Division), Baripada.

4. If that be so, the Petitioner may pursue his case before the Competent Authority, Land Acquisition (N.H.)-cum- Tahasildar, Bangiriposhi (Opposite Party No.4), provided the land acquisition proceeding is still pending with the Competent Authority, Land Acquisition (N.H.), Bangiriposhi.

5. Hence, the writ application is disposed of with an observation that if no award has yet been passed in respect of the acquisition of land, in question, the Petitioner may pursue his remedy before the Competent Authority, Land Acquisition (N.H.)-cum-Tahasildar, Bangiriposhi (Opposite Party No.4) for redressal of his grievance.

(K.R. Mohapatra) Judge

(Savitri Ratho) Judge Signature HimansuNot Verified

Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 18-Sep-2025 18:29:55