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2025 DAILYLAW 65543 (ORI)

NARAYAN PADHAN v. STATE OF ODISHA

WP(C)/32554/2024 · 2025-01-08

Chittaranjan Dash, S K Sahoo

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 32554 of 2024 Narayan Padhan …. Petitioner Mr. Kiratan Dang, Advocate -versus- State of Odisha & Others …. Opp. Parties Mr. Jateswar Nayak, AGA CORAM: THE HON’BLE MR. JUSTICE S.K. SAHOO THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 08.01.2025 01. 1. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. This Writ Petition has been filed by the Petitioner with the following prayer:- “Therefore, it is respectfully prayed that this Hon'ble Court may graciously be pleased to admit this Writ application issue Rule NISI for calling upon the opp. Parties for show cause as to why direction will not be issued for refer appropriate forum sanctioned compensation amount of the co- sharers of the petitioner also lost his valuable land, trees and well for establishment of Lower Suktel Irrigation Project. This Hon'ble Court be pleased to make its rule absolute if the said opp. Parties fail to submit sufficient cause or show insufficient cause and after hearing from the parties, this Hon'ble court may direct in the writ of Mandamus to the opp. Parties particularly the opp. Party Nos. 4 & 5 for refer appropriate forum prayer of the petitioner lost his valuable land, trees and well in Lower Suktel Irrigation Project. This Hon'ble Court may be pleased to direct to the opp. party no. 5 for early disposal of the representation dtd. 13.11.2024 by providing adequate opportunity of hearing to the petitioner, as it is pending before him without any consideration for the interest of justice and equity. This Hon'ble Court be pleased to pass any order(s) may direct any direction as this Hon'ble Court may deem fit just and proper in this case.” 4. Learned counsel for the Petitioner submitted that though the representation under Annexure-2 on this issue is pending with the Special Land Acquisition and Rehabilitation and Resettlement Officer, Lower Suktel Irrigation Project, Balangir i.e. Opposite Party No.5 since 13.11.2024, no communication has been received from the concerned Authority and a direction may be issued to the Authority for disposal of the same. 5. Learned counsel for the State has no objection to such submission. 6. Considering the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, we dispose of the Writ Petition directing the Special Land Acquisition and Rehabilitation and Resettlement Officer, Lower Suktel Irrigation Project, Balangir to take a decision on the representation filed by the Petitioner vide Annexure-2 and pass appropriate order in accordance with law within a period of three months from the date of production of a certified copy of this order. The order shall be communicated to the Petitioner by the Special Land Acquisition and Rehabilitation and Resettlement Officer, Lower Suktel Irrigation Project, Balangir within two weeks of taking the decision. 7. It is stated by Mr. J. Sahoo, learned Advocate for the Intervenor that an intervention application has been filed and it has been registered as I.A. No. 495 of 2025. In view of the order passed today, the said I.A. is also disposed of. (S.K. Sahoo) Judge (Chittaranjan Dash) Judge AKPradhan/ Bijay