Ananta Behera v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11862 of 2022 Ananta Behera ....

Petitioner 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

24.06.2022 1.

1.

Heard Mr. R.K. Acharya, learned counsel for the petitioner, 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 petitioner is aggrieved by the inaction of the authorities in paying him just and fair compensation at present market rate by following due process of law as his land viz Plot Nos.541/1009 & 541/1010 covering an area of Ac.0.920 decimals and Ac.0.400 respectively pertaining to Khata No.77/66 under Mouza - Saliagochha in the district of Nayagarh has been used for construction of Khurda - Bolangir Rail Line Project. He further submits that through highlighting all his grievances, the petitioner has filed a representation on 25.1.2022 under Annexure-2 before the Collector and District Magistrate, Nayagarh (opposite party No.2), however, during course of hearing, he submits that

// 2 // liberty may be granted to the petitioner to approach the Collector & District Magistrate, Nayagarh (opposite party no.2) by filing a fresh representation highlighting all his 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 petitioner 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. 4.

The writ application is accordingly disposed of. 5.

Issue urgent certified copy as per rules.

(Biswajit Mohanty) Judge amit (Savitri Ratho) Judge