[Cites 2, Cited by 0]
Orissa High Court
Daleswar Sethy 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.30302 OF 2025
Daleswar Sethy .... Petitioner
Ms. Santoshi Nahak, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Siba Narayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
21.01.2026
Order No.
4. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for a direction to
the Zone Officer, LA&R.R. Zone, Deogarh to dispose of his
application under Section 28-A of the Land Acquisition Act,
1894 (for brevity, 'the Act') within a stipulated period.
3. Ms. Nahak, learned counsel for the Petitioner submits
that pursuant to the judgment passed by the learned Civil
Judge (Senior Division), Talcher in L.A. Misc. Case No.160
of 2008, initiated under Section 18 of the Act, the Petitioner
filed an application under Section 28-A of the Act for
redetermination of the compensation in terms of the said
judgment, i.e., L.A. Misc. Case No.160 of 2008. The said
judgment passed in L.A. Misc. Case No.160 of 2008 was
subsequently challenged by the Zone Officer, Rengali
Irrigation Project, Deogarh before this Court in F.A. No.54 of
2000, which was dismissed by this Court vide order dated
10th April, 2008. Even after dismissal of the F.A. No.54 of
2000, the Zone Officer, Rengali Irrigation Project, land
Acquisition and Rehabilitation, Deogarh before whom the
application under Section 28-A of the Act is pending, did not
take any step for disposal of the same. The Petitioner had
earlier approached this Court in W.P.(C) No.24579 of 2014
along with other villagers, which was disposed of on 4th May,
2015 with a direction to the Zone Officer, LA&R.R., Rengali
Irrigation Project, Deogarh to dispose of 28-A application
within a period of six weeks from the date of production of
certified copy of this order. On production of the said order,
the Zone Officer, Rengali Irrigation Project, Deogarh issued
notice to the Petitioner along with other villagers on 10 th
June, 2024 to appear before him and participate in hearing.
Thereafter, no step was taken by the Zone Officer, Rengali
Irrigation Project, Deogarh to dispose of the application
under Section 28-A of the Act. Hence, this writ petition has
been filed seeking for the aforesaid relief.
4. Taking note of the case of Petitioner, this Court vide
order dated 12th December, 2025 directed learned State
Counsel to take instruction in the matter. Mr. Biswal, learned
Additional Standing Counsel places on record the written
instruction of the Zone Officer, L.A.&R.R. Zone, Deogarh
vide letter No.22 dated 19th January, 2026 intimating that the
application under Section 28-A of the Act is posted to 4th
February, 2026 for further hearing of the matter and for
production of documents by the Petitioner. Copy of the
written instruction is taken on record.
5. In view of the submissions made by learned counsel
for the parties, this Court without expressing any opinion on
merit of the case of the Petitioner in application under
Section 28-A of the Act, disposes of the writ petition with a
direction that Zone Officer, Rengali Irrigation Project,
L.A.&R.R. Zone, Deogarh shall do well to dispose of the
application under Section 28-A of the Act filed by the
Petitioner on the next date, i.e., 4th February, 2026. If for any
reason the application is not disposed of on the said date, then
the Zone Officer, Rengali Irrigation Project, L.A.&R.R.
Zone, Deogarh shall do well to dispose of the application
under Section 28-A of the Act, as expeditiously as possible,
preferably within a period of seven days thereafter and in no
case beyond end of February, 2026.
6. If the Petitioner is held to be entitled for higher
compensation, then the same shall be paid to him by end of
July, 2026 along with statutory dues with proper
acknowledgment and verification.
Urgent certified copy of this order be granted on
proper application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Kanhu Judge
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 22-Jan-2026 17:19:10
