p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 37291OF 2025 Udhaba Majhi …. Petitioner Mr. Bijaya Kumar Behera-1, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Manmaya Kumar Dash, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 25.02.2026 2. 1. This matter is taken up through hybrid mode. 2. Grievance of the Petitioner in this Writ Petition is with regard to the inaction of the Special Land Acquisition Officer-cum-RRO, Lower Indra Irrigation Project, Khariar- Opposite Party No.3 in disposing of his application under Section 28-A of the Land Acquisition Act, 1894 (for brevity, ‘the Act’) filed in terms of judgment dated 18th April, 2024 passed by learned Civil Judge (Senior Division), Nuapara in LAR Case No.21 of 2021 in reference under Section 18 of the Act. 3. Considering the grievance of the Petitioner, this Court, vide order dated 22nd January, 2026, directed learned State counsel to take detailed instruction in the matter. 4. Mr. Dash, learned ASC on instruction from Opposite Party No.3 vide letter No.450 dated 23rd February, 2026, Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 27-Feb-2026 10:26:24 Signature Not Verified p. 2 submits that there are lot of discrepancies in the application filed under Section 28-A of the Act annexed as Annexure-3 to the Writ Petition and the application received by the Opposite Party No.3. For better appreciation, relevant portion of the written instruction imparted by the Opposite Party No.3 is reproduced hereunder. “Sir, In inviting a reference to the subject cited above, I am to say that Udhaba Majhi S/o-Late Tulasiram Majhi of village Jhalkusum now residing at village Kandetara has filed petition u/s-28(A) of the LA Act, 1894 on 15.06.2024 referring the judgment dtd. 18.04.2024 in LAR No.21/2021 relating to Khata No.34 measuring an area Ac.16.01 covering 54 nos. of plots of Mouza Jhalkusum for higher compensation. On scrutiny of the application, it is found that, the application submitted by the petitioner in this office is differ relating to petition filed in this writ petition at Annexure-3. Both the copy of the petitions are enclosed herewith for kind reference. It is pertinent to mention here that the petitioner has applied higher compensation measuring an area Ac.16.01 dec. but the application enclosed in the writ petition at Annexure-3, it is mentioned total area Ac. 15.81 dec. in the page No.2 to 4. It is observed that the petitioner has filed petition at Annexure-3 is doubtful with reference to application available in this office. Further, on scrutiny of this office record, the petitioner has filed xerox copy of judgment passed in LAR No.21/2021.” Written instruction imparted from Opposite Party No.3 is taken on record. 5. Mr. Behera, learned counsel for the Petitioner, however, submits that the copy of Annexure-3 has been provided by the office of the Special Land Acquisition Officer- Opposite Party No.3. Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 27-Feb-2026 10:26:24 Signature Not Verified p. 3 6. Considering the submissions made by learned counsel for the parties, it is apparent that the Opposite Party No.3 has already received the application under Section 28-A of the Act. Hence, he is required to take a decision on the same. 7. Accordingly, it is directed that the Special Land Acquisition Officer-cum-RRO, Lower Indra Irrigation Project, Khariar-Opposite Party No.3 shall do well to consider the application of the Petitioner filed under Section 28-A of the Act as expeditiously as possible, preferably by end of May, 2026. 7.1 If the Petitioner is held to be entitled to receive compensation at the enhanced rate the same shall be released in his favour by end of August, 2026 on verification of his entitlement. 8. The Writ Petition is accordingly disposed of. (K.R. Mohapatra) Judge (S.K. Mishra) Judge s.s.satapathy