Disposed

Dibya Lochan Mohanta v. State of Odisha

Orissa HC2 May 2023WP(C)/2312/2019

Case brief

AI extract

What is this about?

This order recalls the main writ petition disposed of in a previous order dated 02.05.2023 in W.P.(C) No. 2312 of 2019 due to the petitioner’s ground that enhanced compensation was actually claimed. A fresh comprehensive representation regarding the compensation grievance is to be filed within fifteen days.

What did the court decide?

Recalled the order dated 02.05.2023 and disposed of the interlocutory application.

Dibya Lochan Mohanta Vs State of Odisha — Land Acquisition | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 2312 of 2019

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Dibya Lochan Mohanta

.....

Petitioner

Mr. B. Seth, Adv.

-Versus-

State of Odisha and others ….. Opposite Parties

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Mr. P.K. Muduli, AGA

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Mr. N. Sarkar, Adv.

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CORAM:

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DR. JUSTICE B.R. SARANGI MR. JUSTICE M.S. RAMAN

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ORDER

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26.06.2023

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I.A. No. 8231 of 2023

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Order No. This matter is taken up by video conferencing mode. 04. 2. This interlocutory application has been filed by the petitioner for recalling of the order dated 02.05.2023 passed in W.P.(C) No. 2312 of 2019.

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Mr. B. Seth, learned counsel for the petitioner states that the writ petition has been disposed of on 02.05.2023 on the premises that the petitioner has claimed enhanced compensation. But the petitioner has not claimed enhanced compensation, rather he claims all the benefits which is due and admissible to him and, therefore, the petitioner has filed this application for modification, to which Mr. P.K. Muduli, learned Addl. Government Advocate appearing for the Stateopposite parties and Mr. N. Sarkar, learned counsel for opposite parties no.5 and 6 have no objection.

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Considering the averments made in the application and after hearing learned counsel for the parties, the order dated 02.05.2023 passed in W.P.(C) No. 2312 of 2019 is recalled and fresh order is passed in W.P.(C) No. 2312 of 2019 in separate order sheet.

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Accordingly, the I.A. stands disposed of.

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(DR. B.R. SARANGI) JUDGE

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(M.S. RAMAN) JUDGE

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P.T.O.

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W.P.(C) No. 2312 of 2019

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Order No. This matter is taken up through hybrid mode. 05. 2. Heard Mr. B. Seth, learned counsel for the petitioner; Mr. P.K. Muduli, learned Addl. Government Advocate appearing for the State-opposite parties; and Mr. N. Sarkar, learned counsel for opposite parties no.5 and 6.

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The petitioner has filed this writ petition seeking direction to the opposite parties to give actual price of compensation amount of the suit land bearing Khata No.38/207 measuring area Ac.0.12 decimals, 2026 qft. Pucca house, one bore well and trees to the petitioner under the Land Acquisition Act, 1894.

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Mr. B. Seth, learned counsel for the petitioner contended that the petitioner may be permitted to file a fresh representation before the authority and direction may be given to consider the same and pass appropriate order in accordance with law, to which Mr. P.K. Muduli, learned Addl. Government Advocate appearing for the State-opposite parties and Mr. N. Sarkar, learned counsel for opposite parties no.5 and 6 have no objection.

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As agreed to by learned counsel for the parties, however, without expressing any opinion on the merits of the case, this writ petition stands disposed of with the direction that in case the petitioner, with regard to the grievance made in this writ petition, files a fresh comprehensive representation before the opposite party no.4, within fifteen days hence, the said authority shall consider the same and pass a reasoned and speaking order, as expeditiously as possible, preferably within a period of three months from the date of receipt of such representation along with the certified copy of this order.

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Ashok

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(DR. B.R. SARANGI) JUDGE

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Signature Not Verified

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Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 27-Jun-2023 11:56:58

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(M.S. RAMAN) JUDGE

Dibya Lochan Mohanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dibya Lochan Mohanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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