Ashok Kumar Pattanaik v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11860 of 2022 AshokKumar Pattanaik & another ....

Petitioners Mr. R.K. Acharya, Advocate.

-versusUnion of India & others ....

Opp. Parties Mr. P.K. Parhi, ASGI Mr. D. Nayak, Additional Standing Counsel.

CORAM:

JUSTICE BISWAJIT MOHANTY MISS JUSTICE SAVITRI RATHO Order No.

ORDER

23.06.2022 1.

1.

Heard Mr. R.K. Acharya, learned counsel for the petitioners, Mr. P.K. Parhi, learned Assistant Solicitor General of India for Odisha and Mr. D. Nayak, learned Additional Government Advocate.

2.

According to Mr. Acharya, the petitioners are aggrieved by the inaction of the authorities in paying their just and fair compensation at present market rate by following due process of law as their land viz Plot No.22/194 covering an area of Ac.2.200 decimals pertaining to Khata No.01/55 under Mouza - Jhintikabari in the district of Nayagarh has been used for construction of Khurda - Bolangir Rail Line Project. He further submits that through highlighting all their grievances, the petitioners have filed a representation on 27.4.2022 under Annexure-2 before the Collector and District Magistrate, Nayagarh (opposite party No.2), however, during course of hearing, he submits that liberty may be granted to the

// 2 // petitioners to approach the Collector & District Magistrate, Nayagarh (opposite party no.2) by filing a fresh representation highlighting all their grievances and further prays that the said opposite party be directed to take a decision on such representation within a stipulated time period.

3.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioners to approach the opposite party no.2 by filing a fresh representation along with a certified copy of this order through Registered Post within a period of two weeks. In the event, such a representation is filed before opposite party no.2, he/she is directed to take a decision on the same in accordance with law within a period of eight weeks from the date of receiving of such representation and communicate the result of such exercise to the petitioner no.1, who in turn share such information with the other petitioner.

4.

The writ application is accordingly disposed of. 5.

Issue urgent certified copy as per rules.

(Biswajit Mohanty) Judge amit (Savitri Ratho) Judge