Janhabi Das v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 22342 of 2018 Janhabi Das and others .....

Petitioners Mr. S.K. Mishra, Advocate Vs.

State of Odisha and others .....

Opposite Parties Mr. S.N. Nayak, ASC

CORAM:

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

ORDER

10.11.2022 Order No.

04.

This matter is taken up through hybrid mode.

2.

Heard.

3.

It is agreed by learned Counsel for the Parties that the issue involved in this Writ Petition is analogous to one involved in W.P.(C) No. 16087 of 2022 disposed by this Court vide order dated 10.08.2022. 4.

In view of the above, this writ petition stands disposed of in terms of the observation/direction issued in the order dated 10.08.2022 in W.P.(C) No. 16087 of 2022.

5.

Accordingly, the petitioner shall file a fresh representation to the Engineer-in-Chief and Basin Manager, Rengali Irrigation Project, Left Canal System, Samal by reiterating what has been averred in the writ petition. From the date of submission of such representation, the Opp. Parties, particularly, the said Engineer-in-Chief and Basin Manager shall direct the technical team or the expert body to make a field survey in

order to find out whether further acquisition of land is required or not. On the basis of the recommendation or otherwise of the said recommendation, the State shall decide whether further acquisition of land is to be made or not. Granting further reliefs, beyond what has been directed, will be exceeding the limit of jurisdiction as conferred by the Articles- 226 and 227 of the Constitution of India. The entire exercise be completed within a period of three months from the date, when the petitioner shall file their representation to the Engineer-in-Chief and Basin Manager or any other appropriate authority. Arun (DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE