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2025 DAILYLAW 33749 (ORI)

SUSHILA SAHU v. STATE OF ODISHA

WP(C)/13812/2025 · 2025-07-02

K R Mohapatra, Miss Savitri Ratho

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.13812 of 2025 Sushila Sahu ….. Petitioner Mr. Lalit Sahu, Advocate Vs. State of Odisha and others ….. Opposite Parties Mr. Swayambhu Mishra, ASC CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER 02.07.2025 Order No. 02. 1. This matter is taken up through hybrid mode. 2. Petitioner in this writ application seeks to assail the order dated 12th February, 2025 (Annexure-8) passed by the Project Director (R&R), Lower Suktel Irrigation Project, Balangir (Opposite Party No.5) pursuant to the direction of this Court in WP(C) No.1864 of 2025. 3. Learned counsel for the petitioner submits that the petitioner is entitled to the benefit of rehabilitation and resettlement as she is an affected person. Pursuant to the direction of this Court vide order dated 24th January, 2025 in WP(C) No.1864 of 2025, for consideration of her representation, the opposite party No.5 rejected the said representation relying upon Government Resolution dated 20th October, 2010 issued by the Revenue and Disaster Management p. 2 Department vide Notification No.42388/R&DM dated 20th October, 2010. Since the petitioner has a remedy under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, “the Act”), Mr. Sahu, learned counsel for the petitioner prays for withdrawal of the writ petition to avail the statutory remedy. 4. In view of the above, the writ petition is disposed of as withdrawn to enable the petitioner to avail the statutory remedy. While entertaining the application, if any, under Section 64 of the Act, the Collector shall not be influenced by the order dated 12th February, 2025 passed by the Project Director (R&R), Lower Suktel Irrigation Project, Balangir under Annexure-8. (K.R.Mohapatra) Judge (Savitri Ratho) Judge RKS