Kedarnath Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.16389 of 2022 Kedarnath Panda ....

Petitioner Mr. S.P. Sahoo, Advocate -versusState of Odisha & Others ....

Opp. Parties Mr. A.K. Nanda, AGA

CORAM:

JUSTICE BISWAJIT MOHANTY MISS JUSTICE SAVITRI RATHO Order No.

ORDER

28.07.2022 01.

1.

Heard Mr. S.P. Sahoo, learned counsel for the petitioner and Mr. A.K. Nanda, learned Additional Government Advocate.

2.

According to Mr. Sahoo, the petitioner is aggrieved by illegal acquisition of his lands - Hal Plot No.14 under Hal Khata No. 375 of 123 covering an area of Ac.0.42 dec. and Hal Plot No. 1579 under Hal Khata No. 375/76 covering an area of Ac.0.06 dec. of Mouza-Tentuligaon (Angeipal) under Dhamnagar Police Station in the District Bhadrak without paying any compensation to him. He is also aggrieved by illegal acquisition of his late father's land i.e. Hal Plot No. 1590 under Hal Khata No. 176 covering an area of Ac.0.31 dec. of Mouza-Tentuligaon (Angeipal) under Dhamnagar Police Station in the District Bhadrak without paying any compensation to him.

3.

He further submits that though highlighting his grievances, a notice under Annexure-8 was served on

// 2 // Engineer-in-Chief, Water Resources, Government of Odisha, Bhubaneswar and though the Engineer-in-Chief, Water Resources, Government of Odisha, Bhubaneswar has requested the Chief Engineer & Basin Manager, MBBS, Chandikhole (opposite party no.3) to take a decision on such notice, however till date the opposite party no.3 has not done anything. In such background, he prays that a direction be issued to the opposite party no.3 to take a decision on the notice dated 04.05.2022 under Annexure-8 within a specific time period.

4.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the Chief Engineer & Basin Manager, MBBS, Chandikhole (opposite party no.3) to take a decision on the notice dated 04.05.2022 under Annexure-8 which was forwarded by the opposite party no.2 to him in accordance with law within a period of three months keeping in view the interest of all legal heirs of late father of the petitioner so far as Hal Plot No. 1590 as described above is concerned and communicate the result of such exercise to the petitioner. 5.

The writ petition is accordingly disposed of. Urgent certified copy of the order be granted on proper application.

(Biswajit Mohanty) Judge puspa (Savitri Ratho) Judge

// 3 //