Prasanti Dehury v. Collector Cum Land Acquisition Officer, Angul

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 418 of 2019 Prasanti Dehury .....

Petitioner Mr. P. Jena, Advocate Vs.

Collector-cum-Land Acquisition Officer, Angul and others .....

Opposite Parties Mr. S.N. Nayak, ASC & Mr. T.K. Patnaik, Advocate (O.Ps. 2 and 3)

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

13.12.2022 Order No.

04.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the parties.

3.

The petitioner has filed this writ petition seeking direction to the opposite parties to dispose of the representation dated 08.03.2018 and 12.11.2018 within a stipulated period.

4.

Learned counsel for the petitioner contended that since the compensation amount has not been paid, he has approached the authorities by filing the representations and when the authorities did not take any step, he preferred this writ petition seeking direction to the opposite parties for disposal of the representation.

5.

Mr. S. Nayak, learned Additional Standing Counsel contended that during pendency of the writ petition the relief sought by the petitioner has already been extended since the representations filed by the petitioner has already been disposed of and the amount has already been disbursed in favour of the petitioner. Therefore, nothing more remains to be adjudicated in this writ petition.

6.

Mr. T.K. Patnaik, learned counsel appearing for opposite parties 2 and 3 contended that since the petitioner has already been disbursed with the compensation mount, the writ petition may be disposed of as such.

7.

It appears the petitioner has approached this Court seeking direction to the opposite parties for disposal of the representation and extension of the compensation amount in lieu of the acquisition of land. The counter affidavit filed on behalf of opposite party no.1 reveals compensation amount so far as land and structure is concerned has also been released in favour of the petitioner. In the counter it has been stated as follows:- "That as regards the averment made in Para-2 of the writ petition, it is humbly submitted that Petitioner has been paid compensation for land and structure in village Hiloi and Eddal as follows:- For Land:- Name of the village Khata no.

Area Amount of compensation for land in Rs.

Remarks Hiloi 113/184 Ac. 0.01 6576.91 Paid Ekdal 149/163 Ac 0.01 10881.96 Paid For Structure:- Name of the village Khata no.

Purpose of compensation Amount Remarks Hiloi 113/184 Structure 79,441.90 Paid Ekdal 113/184 Structure 2,66,468.73 Paid 8.

Since the petitioner has already received the benefit, nothing more remains to be adjudicated in this writ petition. Arun (DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE