Dismissed¶7

Pitabash Nial v. Alok Kar, Director (R and R), Ex Officio, Addl. Secy. to Govt., Water Resources, Odisha, Bbsr

Orissa HC1 May 2024CONTC/674/2024

Case brief

AI extract

What is this about?

Orissa High Court Cuttack contempt proceeding CONTC No. 674 of 2024 dropped; petitioner Pitabash Nial; alleged disobedience of order dated 17.05.2023 disposing W.P.(C) No.15412 of 2023; Section 28-A Land Acquisition Act petition; Special Land Acquisition Officer Khariar early disposal application; no specific direction found; no disobedience by opposite parties/contemnors; proceeding stands dropped.

What did the court decide?

The Court's order dated 17.05.2023 contained no specific direction for disposal of the petitioner's petition filed under Section 28-A of the Act; the direction was rather that if any application was filed for early disposal, the same shall be considered in accordance with law. ¶4

Pitabash Nial Vs Alok Kar, Director (R and R), Ex Officio… — Land Acquisition | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CONTC No. 674 of 2024

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Pitabash Nial

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…. Petitioner

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Mr. Bijay Kumar Behera-1, Advocate

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-versus-

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Mr. Alok Kar, Director (R & R) Ex- …. Opposite Parties Officio, Addl. Secretary to Govt., Water Resources Department, Odisha and another

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Mr. L. Samantray, Additional Government Advocate

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CORAM: THE CHIEF JUSTICE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

01.05.2024

This matter is taken up through Hybrid mode.

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By an order dated 17.05.2023, the petitioner’s writ petition registered as W.P.(C) No.15412 of 2023 was disposed of with a liberty to the petitioner to file an application before the Special Land Acquisition Officer, Khariar for early disposal of his petition under Section 28-A of the Land Acquisition Act (in short ‘the Act’). The Court had further observed that in case any such application was filed, the same would be considered and disposed of in accordance with law.

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The petitioner is said to have made an application in the light of the aforesaid order of this Court. He has a grievance that till date, the petitioner’s petition filed under Section 28-A of the Act has not been disposed of.

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Page 1 of 2

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It is evident from the order of this Court that there was no specific direction for disposal of the said petition filed under Section 28-A of the Act. It was rather the direction that if any application was filed for early disposal, the same shall be considered in accordance with law.

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Mr. L. Samantray, learned Additional Government Advocate (AGA) appearing on behalf of the opposite parties/contemnors has informed this Court that the application of the petitioner for early disposal of the said petition filed under Section 28-A of the Act has been disposed of by the Special Land Acquisition Officer expressing inability to prioritize disposal of the petitioner’s said application as the cases of the year 2021 are pending and the petitioner’s case is in queue.

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In such view of the matter, we are of the opinion that no direction issued by this Court by order dated 17.05.2023 can be said to have been disobeyed by the opposite parties/contemnors. Thus, we are not inclined to proceed further in the present matter.

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The present contempt proceeding stands dropped accordingly.

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(Chakradhari Sharan Singh)

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Chief Justice

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(M.S. Raman) Judge

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S. Behera

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Signature Not Verified

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Page 2 of 2

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Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-May-2024 11:46:08

Pitabash Nial v. Alok Kar, Director (R and R), Ex Officio, Addl. Secy. to Govt., Water Resources, Odisha, Bbsr

Case brief

What is this about?

What did the court decide?

Pitabash Nial v. Alok Kar, Director (R and R), Ex Officio, Addl. Secy. to Govt., Water Resources, Odisha, Bbsr

Case brief

What is this about?

What did the court decide?

What the court decided

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