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Orissa High CourtWP(C)/16842/2017disposed off

Prasanta Kumar Dalabehera v. State Of Orissa

2022-11-24Dr. Justice B.R.Sarangi,Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 16842 of 2017 Prasanta Kumar Dalabehera .....

Petitioner Mr.A.K.Sahoo, Advocate.

Vs.

State of Orissa & Others .....

Opposite Parties Mr. H.M.Dhal, AGA

CORAM:

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

ORDER

24.11.2022 Order No.

04.

This matter is taken up through hybrid mode.

2.

Heard Mr. A.K.Sahoo, learned counsel for the Petitioner and Mr. H.M.Dhal, learned Addl. Government Advocate for the State. 3.

The present Writ Petition has been filed with the following prayer:- "(i) to quash the Award under Annexure-3, (ii) to direct the Opp. Parties No.2 & 5 to calculate the compensation as per the new Act i.e. Right to Fair Compensation & Transparency in the Land Acquisition, Rehabilitation & Re-settlement Act, 2013 and to pay the compensation as per law with appropriate rate of interest from the date of due to date of payment by adjusting the amount paid, (iii) Any appropriate order as deemed fit and proper in the facts and circumstances of this case be also passed, and (iv) the Writ Application be allowed with costs". 4.

In course of hearing, learned counsel for the Petitioner states that highlighting his grievances, the Petitioner has made a representation to Opposite Party No.1 vide Annexure-4 and the same may be directed to be

considered within a stipulated time, to which learned Counsel for the State has no objection.

5.

As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.1 to consider the representation filed by the petitioner vide Annexure-4, and pass appropriate order in accordance with law within a period of four weeks from the date of production of certified copy of this order. Issue urgent certified copy as per Rules.

Subrat (DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE