Orissa High Court
Harsh Kumar Primus Lakra vs State Of Odisha & Others .... Opposite ... on 1 December, 2023
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No.38961 of 2023
Harsh Kumar Primus Lakra .... Petitioner
Mr. B.K. Mishra, Advocate
-Versus-
State of Odisha & Others .... Opposite parties
Mr. J.P. Patra, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
01.12.2023 Order No.
01. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. Instant writ petition is filed by the petitioner challenging the illegal action of the authorities below and impugned order dated 30th June, 2020 vide Annexure-10 on the grounds stated therein.
3. Learned counsel for the petitioner submits that the case of the petitioner was found to be fit for reference by order under Annexure-9 but it was followed by Annexure-10 on the ground that such reference cannot be considered since the land in question is not under the possession of the petitioner. It is submitted that despite Annexure-9, the schedule land having been acquired for construction of Railway over bridge, the petitioner ought to have been paid the compensation before eviction when it was prima facie found and established that he has been possession of the same for more than 30 years and hence, eligible for its settlement under Section 8-A of the OPLE Act.
Page 1 of 24. Considering the limited relief for compensation which is advanced at present, Mr. Patra, learned ASC for the State is directed to take instruction and report back and to apprise the Court whether any such compensation to be payable to the petitioner in the peculiar facts and circumstances of the case.
5. A copy of the writ petition is requested to be served on the learned counsel for the State in course of the day.
6. List this matter on 15th December, 2023 for final orders awaiting response of the State.
(R.K.Pattanaik) Judge Kabita Page 2 of 2