Mahendra Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 33686 of 2022 Mahendra Mohapatra .....

Petitioner Ms.S.Nayak, Advocate Vs.

State of Odisha & Others .....

Opposite Parties State Counsel

CORAM:

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

ORDER

19.12.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Second copy of the Writ Petition has been filed in Court today. The same be kept on record.

3.

Heard.

4.

The present Writ Petition has been filed with the following prayer:- " It is therefore, humbly prayed that this Hon'ble Court may be graciously pleased to admit this writ application and issue a Rule Nisi asking the Opp. Parties as to why Opp. Party No.3 di not deposit the cost of building without initiation of the Land Acquisition Proceeding under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

And/or may directed to pay compensation on demolished building on determination as per Act, 2013, the Opp. Parties to deposit as per estimate valuation of building dated of survey 02.02.2020, tune of Rs.2,21,980/- (Rupee Two Lakhs twenty one Thousand nine hundred eighty) only and 18 % interest from the date of demolition dtd.27.08.2020".

5.

In course of hearing, learned counsel for the Petitioner states that highlighting his grievances, the Petitioner has made a representation to Opposite Party No.3 vide Annexure-5 and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection.

6.

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.3 to consider the representation filed by the petitioner vide Annexure-5, 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.

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