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2025 DAILYLAW 26075 (ORI)

KULAMANI KISAN v. UNION OF INDIA

FAO/143/2025 · 2025-04-04

S K Panigrahi

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.143 of 2025 Kulamani Kisan & Ors. …. Appellant(s) Mr. Suven Kumar Pani, Adv. -versus- Union of India …. Respondent(s) Mr. D.R. Bhokta, CGC CORAM: HON’BLE DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 04.04.2025 01. 1. This matter is taken up through hybrid arrangement. 2. In filing this FAO, the Appellants have challenged the order dated 03.01.2025 passed in Misc. Case No.12/25 arising out of O.A.(IIU) 05 of 2020. Apart from the above challenge, the Appellants have sought for a direction from this Court to the Respondent for releasing the total awarded amount without making any fixed deposits in their favour and also permitting them to use Cheque book and ATM car for making their day-to-day banking transaction. 3. Heard learned counsel for the Parties. 4. Learned counsel for the Appellants submits that the entire dispute relates to disbursement of compensation amount in favour of the Appellants. He also contends that despite the clear direction of this Court pertaining to the selfsame issue vide order dated 21.11.2024 passed in FAO No.302 of 2024, Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 05-Apr-2025 14:31:14 Signature Not Verified p. 2 the authority concerned is not complying with the said direction in letter and spirit. 5. In such view of the matter, the relevant portion of the order dated 21.11.2024 is extracted herein below:- “7. In view of clear and categorical assertions that the claimants are presently residing at village Kutarimal, P.s.-Gobindapur, District-Sambalpur, Odisha, the bank mandate at Indian Bank, Plot No.- 524, M.T. Marg Branch, Vivekananda Marg, Bhubaneswar Pin-751002 as furnished by the claimants under Annexure-2, 3, and 4 is accepted. The order dated 10.04.2024 of the Tribunal is modified to the extent. 8. It is accordingly directed that the entire compensation amount be deposited in the Indian Bank as per Bank Mandate furnished by the claimants.” 6. Considering the submission made on behalf of the Appellants and looking to the order dated 21.11.2024, this Court directs that the entire compensation amount shall be deposited in the Indian Bank without making any fixed deposit and the Appellants/claimants shall also be allowed to use Cheque Book and ATM card. 7. With the above order, the FAO is disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant