Charan Sahu v. State Of Odisha

`IN THE HIGH COURT OF ORISSA AT CUTTACK W.P (C) No. 21662 of 2022 Charan Sahu .....

Petitioner Mr. S.K. Joshi, Adv.

Vs.

State of Odisha and Others .....

Opposite Parties Mr. D. Mohanty, A.S.C.

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE SAVITRI RATHO

ORDER

29.08.2022 Order No.

01.

1.

Heard Mr. S.K. Joshi, learned counsel for the petitioner and Mr. D.K. Mohanty, learned Additional Standing Counsel. 2.

According to Mr. Joshi, though plot no. 83 covering an area of Ac. 0.770 dec. pertaining to Khata No. 91 of Baigan Khari Mouza under Agarpur Tahasil of district-Balangir has been forcibly used for constructing a water harvesting project locally named as "Baigan Khari MI Project" without initiating any proceeding under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, but till date compensation has not been paid to the petitioner. He further submits that Rushi Sahu, late father of the petitioner was the recorded tenant as per the ROR under Annexure-1 vis-a-vis the above noted plots and after his death the petitioner and five other sons as indicated in the legal heir certificate under Annexure-3 are entitled to get compensation. He further submits that the highlighting grievances, the petitioner has submitted a representation dated 11.01.2022 which

was sent by registered post to the Collector & District Magistrate, Balangir (opp. party no.2). However, till date nothing has been done in the matter. Therefore, he prays that necessary direction be issued to the opp. party no.2 to take a decision on the above noted representation under Annexure-4 within a specific time period. 3.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the competent authority (opposite party no.2) to take a decision on the above noted representation in accordance with law, within a period of eight weeks from the date of receipt of certified copy of this order keeping in mind interest of all the legal heirs of late Rushi Sahu and communicate the result of such exercise to the petitioner. 4.

The writ petition is accordingly disposed of. 5.

Urgent certified copy of the order be granted on proper application.

Sukanta (Biswajit Mohanty) Judge (Savitri Ratho) Judge