Chaturbhuj Modi Vs State

W.P.(C) NO.2872 OF 2002

¶2

26.11.2018 Heard learned counsel for the petitioners and learned Addl. Government Advocate.

This Writ Petition has been filed by the petitioners with a prayer to quash the proposal of opposite party Nos.2 and 3 for acquisition of the land, which was under occupation of the petitioners vide Annexure-5 for construction of additional building, garages etc. in respect of Orissa State Financial Corporation, Cuttack.

On perusal of Annexure-5 it appears, that the Land Acquisition Officer, Cuttack vide letter dated 27.08.2002 forwarded the draft notification under Section 4 (1) along with Section 17 (4) of the Land Acquisition Act, 1894 to Government for publication as per the provisions of the Act.

The Writ Petition is of the year 2002. In the meanwhile sixteen years have passed. What is the present position is not known. After notification under Section 4 (1) of the Land Acquisition Act, 1894 whether the petitioners have put forth their claim is also not known.

In view of the above, at this belated stage, if the Writ Petition will be kept pending it will not enure any benefit to the parties. Accordingly, we dispose of this Writ Petition with an observation that in case the notification under Section 4 (1) of the Land Acquisition Act, 1894 has already been published in the meanwhile and the cause of action still subsists, it is open to the petitioners to take appropriate steps in accordance with law, if so advised.

S.Panda, J.

¶8

S.K.Sahoo, J.

¶9

BP

2

Chaturbhuj Modi v. State