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Orissa High Court

Shyam Sundar vs State Of Odisha And on 16 December, 2024

Bench: S.K. Sahoo, Chittaranjan Dash

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                          W.P.(C) No.31341 of 2024

            Shyam Sundar
            Tamba                         .....     Petitioner
                                                  Mr. Sushanta Kumar Joshi,
                                                  Advocate
                                    -versus-
            State of Odisha and
            others                        .....   Opp. Parties
                                                  Mr. Jateswar Nayak,
                                                  Addl. Govt. Advocate
                                    CORAM:
                 THE HON'BLE MR. JUSTICE S.K. SAHOO
            THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                     ORDER
Order No.                           16.12.2024

  01.              This    matter    is      taken   up   through   Hybrid

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State of Odisha.

This writ petition has been filed by the petitioner Shyam Sundar Tamba with a prayer to direct the Special Land Acquisition Officer, Lower Indra Irrigation Project (LIIP), Nuapada, opp. party no.4 to take steps for disposal of the application under section 28(A) of the Land Acquisition keeping in view the award passed in Page 1 of 3 LAR No.70 of 2019 in a case of Amar Singh Nial and others -Vrs.- the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada in LAR Case No.70 of 2019 as per judgment and order dated 13.09.2023 within a stipulated period.

Learned counsel for the petitioner submitted that highlighting the grievances, the petitioner has submitted a petition dated 07.12.2023 under Annexure-2 before the Special Land Acquisition Officer, Khariar, Lower Indra Irrigation Project, Khariar, Nuapada, opp. party no.4, but he has not received any communication from the concerned Authority relating to the status of the petition and therefore, a direction may be given to dispose of the same within a specified period.

Learned counsel for the State has no objection to such submission.

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, Khariar, Lower Indra Irrigation Project, Khariar, Nuapada, opp. party no.4, to take a decision on the representation filed by the petitioner vide Annexure-2 and pass appropriate order in accordance with law within a period of three months from the date of Page 2 of 3 production of a certified copy of this order and communicate the result/decision taken thereon to the petitioner within two weeks thereafter.

If the opp. party no.4 feels it necessary to give personal hearing to the petitioner for taking the decision on the annexure, the same shall be provided.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge (Chittaranjan Dash) Judge Rajesh Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Page 3 of 3 Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Dec-2024 16:09:24