Orissa High Court
Ambika Majhi @ Dhruw vs State Of Odisha & Others .... Opp. ... on 24 September, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 23170 of 2024
Ambika Majhi @ Dhruw .... Petitioner
Mr. Akshaya Kumar Sahoo, Advocate
-versus-
State of Odisha & Others .... Opp. Parties
Mr. Arupananda Das,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 24.09.2024 01. 1. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
2. Heard Mr. Akshaya Kumar Sahoo, learned counsel appearing for the Petitioner and Mr. Arupananda Das, learned Addl. Govt. Advocate.
3. The Petitioner has filed this Writ Petition praying as follows:-
"(i) Why, the Opposite Party No.3 shall not be directed to release the 50% of the enhanced awarded amount of compensation amount in favour of the Petitioner.
(II) Why Opposite Party No.3 shall not be directed to refer the matter to the competent Civil Court under Section 30 of the Land Acquisition Act, 1894 for disbursement of compensation amount released by the Opposite Party No.2".
4. Learned counsel for the Petitioner submitted that relating to the release of 50% share of the enhanced compensation amount, the Petitioner submitted representation before the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada, Opposite Party No.3 on 02.01.2024 and on receipt of the representation, notice has been issued to the parties. However, the matter is still pending with the Opposite Party and necessary direction may be issued for disposal of the representation in accordance with law.
5. Learned counsel for the State has no objection to such prayer.
6. Considering the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, we dispose of the Writ Petition directing the Special Land Acquisition Officer, Page 2 of 3 Lower Indra Irrigation Project, Khariar, Nuapada to take a decision on the representation filed by the Petitioner vide Annexure-6 series and pass appropriate order in accordance with law within a period of three months from the date of production of a certified copy of this order. The order shall be communicated to the Petitioner by the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada within two weeks of taking the decision.
(S. K. Sahoo) Judge (Chittaranjan Dash) Judge AK Pradhan/ Bijay Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Designation: Jr. Stenographer Reason: Authentication Page 3 of 3 Location: HIGH COURT OF ORISSA Date: 26-Sep-2024 10:25:02