Gopabandhu Padhi v. Surendra Kumar

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.2621 of 2020 Gopabandhu Padhi .... Petitioner Mr. Akansh Acharya, Proxy Counsel, on behalf of Mr. M.K. Mohapatro, Advocate -versusSurendra Kumar, I.A.S., Principal Secretary to Government, Department of Water Resources, Odisha, Bhubaneswar, DistrictKhurda & Others .... Contemnors/ Opp. Parties Mr. L. Samantaray, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 27.09.2022 Order No.

04.

This matter is taken up through virtual/physical mode. 1.

The Petitioner has filed this Contempt Petition against the Opposite Party for not complying the order dated 06.01.2020 passed by this Court in W.P.(C) No.28135 of 2019.

2.

The brief facts of the case are that the Petitioner had preferred a Writ Petition bearing W.P.(C) No.28135 of 2019 seeking a direction from this Court to release the amount awarded in favour of him under Section 18 (1) of the Land Acquisition

// 2 // Act, 1894 but stalled due to the inaction of the Opposite Parties.

3.

This Court vide order dated 06.01.2020 directed the Opposite Party No.1/Principal Secretary to Government, Department of Water Resources, Odisha to sanction the awarded amount and thereafter the Opposite Party No.3/Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, in the district of Kalahandi to disburse the compensation amount in favour of the petitioner within three months from the date of production of the certified copy of the order. 4.

The petitioner presented the certified copy of the order before the opposite parties and requested them for release of the compensation amount, however, no steps were taken.

5. Due to non-compliance of the order dated 06.01.2020, this Contempt Petition has been filed by the Petitioner.

6.

During the course of the hearing, learned counsel for the Opposite Parties submitted a Letter numbered WR-LA-LAND-0403-2020-18631 dated 03.08.2021 issued by the Director (R&R) & ExOfficio Spl. Secretary to Government, Department of Water Resources wherein it has been mentioned that the awarded amount has been sanctioned to

// 3 // the Petitioner in compliance of the order dated 06.01.2020 passed by this Court.

7.

In view of the above letter dated 03.08.2021, learned counsel for both the parties concede that the order dated 06.01.2020 has been complied with.

8.

In view of the above, the CONTC is dismissed as infructuous.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK 27th September, 2022 Cuttack