[Cites 3, Cited by 0]
Orissa High Court
Tularam Majhi vs State Of Odisha And Others .... Opp. ... on 21 January, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33972 OF 2025
Tularam Majhi .... Petitioner
Mr.Bijaya Kumar Behera-1, Advocate
-versus-
State of Odisha and Others .... Opp. Parties
Mr.Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 21.01.2026
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.36 of 2022 of village Jhalkusum in the
District of Nuapada referred under section 18 of the Act was
disposed of vide judgment dated 15th March, 2024 enhancing the
compensation. Since the land of the Petitioner was acquired under
the same Notification No.23428 dated 16.05.2001 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 judgment in LAR No.36 of 2022. 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 08.12.2025 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.36 of 2022. Hence, the Special Land
Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar
vide his Letter No.126 dated 19.01.2026 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.126 dated
19.01.2026 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.36 of 2022 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 March, 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.36 of 2022, 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 August, 2026.
6. Issue urgent certified copy of this order on proper
application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
Himansu
Signed by: HIMANSU SEKHAR DASH
