The High Court dismissed the appeal, holding Government decretal dues were sanctioned in a related petition. The appellant was directed to implement the judgment dated 02.02.2013 within eight weeks.
Appellant directed to implement impugned Judgment dated 02.02.2013 within eight weeks.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
L.A.A. No.121 of 2013
The L.A. Officer, Kalahandi …. Appellant
Mrs. U. Padhi, ASC
-versus-
Tikeram Majhi & others. …. Respondents
Mr. R.K. Acharya, Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
16.12.2024
Order No.
10.
This matter is taken up through hybrid mode.
2. This Appeal has been listed today under the heading “For Admission” because of the submission made by the learned Counsel for the Respondents on 03.09.2024. Paragraphs 1 & 2 of the said order, being relevant, are extracted below.
“ 1. Learned Counsel for the private Respondents files photocopy of the order dated 01.05.2024 passed in L.A.A. No. 124 of 2013 after handing over a copy of the same to the learned Counsel for the StateAppellant and submits, this Appeal is identical to L.A.A. No. 124 of 2013, which stood disposed of vide the said order dated 01.05.2024.
2. Learned Counsel for the private Respondents further files photocopy of letter dated 18.03.2016 of Director R&R-cum-Joint Secretary to Government addressing to the Accountant General (A&E), Odisha, Bhubaneswar after handing over a copy of the same to the learned Counsel for the State and submits, in LAR No.52 of 2012, the payment has already been made to the beneficiary in terms of determination made by the referral Court, which is also similar to the present Appeal.”
3. Pursuant to the said order dated 03.09.2024, Mrs. Padhi, learned ASC for the State-Appellant files the written instruction received from the Land Acquisition Officer, Kalahandi dated 26.11.2024, addressed to the Addl. Standing Counsel, Office of the learned Advocate General, Odisha, Cuttack, the operative portion of which is extracted below:
“After dismissal of LAA No.124/2013 the Govt. in W.R. Deptt. Odisha has sanctioned decretal dues in LAR No.53 of 2012 and LAA No.124/2013 vide No.24209 dt. 02.09.2024.”
4. In view of the above, the Appeal stands dismissed. The copy of the written instruction dated 26.11.2024 filed in the Court be kept on record.
5. In view of the dismissal of the Appeal, the Appellant is directed to implement the impugned Judgment dated 02.02.2013 passed in L.A.R. No.50 of 2012 within a period of eight weeks hence.
6. Urgent certified copy of this order be granted on proper application as per rules.
(S. K. Mishra) Judge
Prasant
Signature Not Verified
Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 17-Dec-2024 19:41:30
The L.A. Officer, Kalahandi
Mrs. U. Padhi, ASC
Tikeram Majhi
Sanjay Kumar Mishra
As recorded by the court registry
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