Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 30308 OF 2025
Chandra Behera …. Petitioner
Mr. Dhanoj Kumar Sahoo, Advocate
-versus-
State of Odisha and others
…. Opp. Parties
Mr. Sabita Ranjan Pattanaik, Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO
ORDER
Order No. 05.01.2026
2. 1. This matter is taken up through hybrid mode. 2. The Petitioner in this writ petition seeks for a direction for early disposal of his application under Section 28-A of the Land Acquisition Act, 1894 (for brevity ‘the Act’), which is stated to be pending before the Zone Officer, Rengali Irrigation Project, Land Acquisition and Rehabilitation, Debgarh-Opposite Party No.3. 3. Mr. Sahoo, learned counsel for the Petitioner submits that pursuant to the judgment dated 10th April, 2008 (Annexure-1) passed in First Appeal No.54 of 2000, modifying the judgment passed by learned Civil Judge (Senior Division), Talcher in L.A. Misc Case No.44 of 1998 initiated under Section 18 of the Act, the Petitioner filed an application under Section 28-A of the Act before the Opposite Party No.3. The said application has been registered as L.A. Misc. Case No.177 of 2008. But, no decision has yet been taken on the same. Hence, the Petitioner finding no other alternative has filed this writ petition. 4. Taking note of the submission made by Mr. Sahoo, learned counsel for the Petitioner, this Court vide order dated 28th Digitally Signed Signed by: MADHUSMITA SAHOO Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jan-2026 13:56:50 Signature Not Verified
November, 2025 directed learned State Counsel to take instruction in the matter. 4.1. Mr. Pattanaik, learned Additional Government Advocate, on instruction, submits that the application under Section 28-A of the Act filed by the Petitioner is posted to 12th January, 2026 for hearing and notices have been issued to the Petitioner to appear and participate in the said hearing. 5. In view of the submission made by Mr. Pattanaik, learned Additional Government Advocate, this Court is of the considered opinion that early decision should be taken on the application under Section 28-A of the Act. 6. Accordingly, the writ petition is disposed of with a direction to the Zone Officer, Rengali Irrigation Project, Land Acquisition and Rehabilitation, Debgarh-Opposite Party No.3 to take a decision on the application under Section 28-A of the Act filed by the Petitioner as expeditiously as possible preferably on the date to which it is posted. If for any reason, the same cannot be disposed of on that date, it shall be disposed of within a period of fifteen days thereafter and not beyond that, providing opportunity of hearing to the Petitioner.
If the Petitioner is held to be entitled to higher compensation, the same shall be paid to the Petitioner within a period of six months thereafter by verifying his entitlement. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra)
Judge
(Savitri Ratho) ms
Judge Designation: JUNIOR STENOGRAPHER