The single judge dismissed the land acquisition appeal after finding it was identical to another appeal already dismissed by a coordinate bench on January 12, 2016, leaving the respondent's claim for award payment direction unaffected.
Directed release of awarded amount with interest to respondents within two months after adjusting any payment already made.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
LAA No.64 of 2008
Land Acquisition Collector, ….. Appellant Balasore Mr. T.K. Pattnaik, ASC Vs. Sridhar Das and others ….. Respondents Mr. M. Mohanty, Advocate (Respondent Nos. 1 to 3)
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
05.12.2023
Order No. The matter is taken up through hybrid mode. 12.
“2. Learned Counsel for the State submits, the impugned is a common judgment passed in L.A. Misc. Case Nos.262 of 2000 and 239 of 2000. However, this Appeal is confining to L.A. Misc. Case No.262 of 2000. State has preferred LAA No.64 of 2008 separately so far as judgment passed in L.A. Misc. Case No.239 of 2000, which is still pending. ”
Page 1 of 2
passed by the coordinate Bench.
(S.K. MISHRA)
JUDGE
Signature Not Verified
Digitally Signed Signed by: PADMA CHARAN DASH Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 06-Dec-2023 17:06:42
Page 2 of 2
2 issues framed by the court
Whether entitled to consolidation of appeals into single proceeding when identical grounds were already adjudicated in a prior order.
Whether the present appeal had already been subjudice and disposed of by a coordinate bench.
Land Acquisition Collector, Balasore
Sridhar Das
others
Sanjay Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
