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2025 DAILYLAW 71053 (ORI)

BASUDEV BEHERA v. STATE OF ODISHA

WP(C)/27831/2025 · 2025-09-26

K R Mohapatra, Miss Savitri Ratho

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27831 of 2025 Basudev Behera …. Petitioner Mr.Arun Kumar Behera, Advocate -versus- State of Odisha and Others …. Opposite Parties Mr.Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 26.09.2025 01. 1. This matter is taken up through hybrid mode. 2. Petitioner in this Writ Application prays for a direction to dispose of Execution Case No.10 of 2024 pending before learned LAR & R Authority, Cuttack and to release the outstanding compensation of Rs.28,20,629/- (Rupees twenty-eight lakhs twenty thousand six hundred twenty-nine) in favour of the Petitioner. 3. Mr. Behera, learned counsel for the Petitioner submits that in L.A. Reference Case No.72 of 2022, the award passed by the learned Land Acquisition Collector, Balasore was enhanced and the reference was disposed of on 3rd January, 2024. Accordingly, the Petitioner filed Execution Case No. 10 of 2024 before the learned Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 03-Oct-2025 13:00:55 Signature Not Verified Presiding Officer, LAR & R Authority, Cuttack for realization of the enhanced amount of Rs.28, 20,629/- (Rupees twenty eight lakh twenty thousand six hundred and twenty nine only). 4. Referring to the order sheet in Execution Case No. 10 of 2024, Mr. Behera, the Petitioner submits that the Execution Case was registered on 24th July, 2024 on the file of Presiding Officer, LAR & R Authority, Cuttack. Thereafter the Execution Case is being adjourned to different dates for ‘further orders’. It is submitted that there is no legal impediment for disposal of the Execution Case at an early date. Due to pendency of the Execution Case, the Petitioner is deprived from enjoying the fruits of the decree. Hence, finding no other alternative, the Petitioner has filed this Writ Petition. 5. Mr. Swayambhu Mishra, learned Additional Standing Counsel prays for an adjournment to take instruction in the matter. 6. Upon hearing the parties, this Court finds that Execution Case No.10 of 2024 was registered on 24th July, 2024. Thereafter, the matter is being adjourned to different dates for further orders. Learned A.G.P. has already entered appearance for the judgment debtors in the Execution Case. Thus, it appears that there is no legal impediment in disposing of the Execution Case at an early date. 7. Considering the fact that the land in question was acquired by the Revenue and Disaster Management Department vide Notification No. 4612 dated 28th January, 2020 and the reference under Section 64 (L.A. Reference No. 72 of 2022) was disposed of on 3rd January, 2024, this Court directs that the Execution Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 03-Oct-2025 13:00:55 Signature Not Verified Case No. 10 of 2024 pending before the Presiding Officer, LAR & R Authority, Cuttack shall be disposed of as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order, giving opportunity of hearing to the parties concerned, if there is no legal impediment. The parties are directed to cooperate with the Presiding Officer, LAR & R Authority, Cuttack for early disposal of the Execution Case. 8. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) Judge Himansu