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2025 DAILYLAW 10199 (ORI)

PHALGUNI GOUD @ PHALGUNI NAG v. STATE OF ODISHA

WP(C)/1493/2025 · 2025-01-20

Chittaranjan Dash, S K Sahoo

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1493 of 2025 Phalguni Goud @ Phalguni Nag ….. Petitioner Mr. A. Pattjoshi, Advocate -versus- State of Odisha and others ..... Opp. Parties Mr. Aurobinda Mohanty, Addl. Standing Counsel CORAM: THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 20.01.2025 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. Petitioner in this writ petition seeks for a direction to opposite parties to sanction and release the awarded amount in favour of the petitioner for acquisition of land for construction of canal under Upper Indravati Irrigation Project as per the judgment dated 29.11.2013 passed by the learned Civil Judge (Sr. Divn.), Dharamgarh in M.J.C. Case No.101 of 2006, within a stipulated time. Learned counsel for the petitioner submitted that petitioner has filed an application under Section 18 of the L.A. Act for higher compensation, which was referred to Civil Court for adjudication. The Civil Court registered it as M.J.C. Case No.101 of 2006 and same was disposed of on 29.11.2013 and higher compensation was awarded. However, no action has been taken as yet for sanction and disbursement of the compensation amount. He further submitted that a similar writ petition bearing W.P.(C) No.22414 of 2024 has been disposed of on 23.09.2024 directing opposite party no.1 to sanction the amount at an early stage and to take expeditious step for disbursement of the compensation amount. He also submitted that the present writ petition may be disposed of in terms of the order passed in that writ petition. Learned counsel for the State has also no objection to the aforesaid submission made by learned counsel for the petitioner. In view of the above, we dispose of the writ petition with a direction to opposite party no.1 to sanction the amount at an early stage and thereafter the opposite party No.3, the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, in the district of Kalahandi shall take expeditious step for disbursement of the compensation amount by end of March, 2025, if there is no other impediment. Issue urgent certified copy as per rules. ( S.K. Sahoo) Judge (Chittaranjan Dash) Judge RKM