Harinanda Sabar v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.518 of 2022 Harinanda Sabar ....
Petitioner Mr. A.C.Behera, Advocate -versusState of Orissa & others ....
Opposite parties Mr.H.M.Dhal, Addl. Government Advocate
CORAM:
JUSTICE BISWAJIT MOHANTY JUSTICE BIRAJA PRASANNA SATAPATHY Order No.
ORDER
30.03.2022 01.
1.
This matter is taken up by video conferencing mode. 2.
Heard Mr.A.C.Behera, learned counsel for the petitioner and Mr.H.M.Dhal, learned Addl. Government Advocate. 3.
According to Mr.Behera the petitioner is aggrieved by inaction of the authorities in making payment of compensation though the land covering an area Ac.5.81 dec. pertaining to Plot Nos. 270, 292, 296, 290 & 283 of Khata No. 172 of MouzaGandamal recorded in the name of his grandfather has been forcibly submerged in Kitchkitchi Munda Dam falling in the district of Nuapada. He further submits that though highlighting the grievances, the petitioner has approached the Collector & District Magistrate, Nuapada (opposite party No.3) on 20.12.2019 by filing a representation vide Annexure-3 series which was sent through registered post for payment of compensation, however, till date nothing has been done in the matter. In such background, he prays that a direction be issued to the said opposite party to take a decision on the above noted representation within a specific time period. 4.
Considering the submissions made and without
// 2 // expressing any opinion on the merits of the case, this Court directs the Collector & District Magistrate, Nuapada (opposite party No.3) to take a decision on the above noted representation of the petitioner under Annexure-3 series in accordance with law within a period of six months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner. While taking a decision on aforesaid representation, the opposite party No.3 should keep in mind the interest of all the legal heirs of the recorded tenant. 5.
Accordingly, this writ petition is disposed of. 6.
Urgent certified copy of this order be granted on proper application.
Kishore (Biswajit Mohanty) Judge (Biraja Prasanna Satapathy) Judge