Dismissed¶24

Duluram Majhi v. Alok Kar,Addl Secy. ,Dept. of W.R, Odisha

Contempt – maintainability

Orissa HC12 Feb 2025CONTC/196/2025

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What is this about?

Orissa High Court contempt petition dropped as not maintainable; second contempt (CONTC No.196 of 2025) by Duluram Majhi; earlier W.P.(C) No.15416 of 2023 disposed 17.05.2023 with liberty to approach Special L.A.O., Khariar under Section 28-A of the L.A. Act (Land Acquisition Act, 1894); first contempt CONTC No.936 of 2024 disposed 09.04.2024; compliance shown by Special L.A. & R.R.O., Lower Indra Irrigation Project, Khariar order dated 06.04.2024 recognising higher compensation per Senior Civil Judge, Nuapada judgment in L.A.R. No.30 of 2007; Bench: S.K. Sahoo and Savitri Ratho, JJ.; order dated 12.02.2025.

What did the court decide?

None; the second contempt petition was held not maintainable and dropped. ¶24

Duluram Majhi Vs Alok Kar,Addl Secy. ,Dept. of W.R, Odisha — Land Acquisition | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CONTC No.196 of 2025

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Duluram Majhi …. Petitioner

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Mr. Bijaya Kumar Behera-1, Advocate

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-versus-

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

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Miss Subhalaxmi Devi, Addl. Standing Counsel

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CORAM: THE HON'BLE MR. JUSTICE S.K. SAHOO

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THE HON'BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

12.02.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is the second contempt petition filed by the petitioner.

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It appears that the petitioner filed W.P.(C) No.15416 of 2023, which was disposed of on

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Page 1 of 3

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17.05.2023 with the following observation:-

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“Having heard learned counsel for the parties and after going through the records, since the petitioner seeks direction for early disposal of the petition filed under Section 28-A of the L.A. Act, this Court is not inclined to grant any such direction at this stage. However, liberty is granted to the petitioner to file an application before the Special L.A.O., Khariar for early disposal of his petition under Section 28-A of the L.A. Act and in case such an application is filed, the same shall be considered and disposed of in accordance with law.”

¶20

The petitioner filed the first contempt petition in CONTC No.936 of 2024 and vide order dated 09.04.2024, the same was disposed of since a submission was made at the Bar that the order dated 17.05.2023 passed in W.P.(C) No.15416 of 2023 has been complied with by passing an order by the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar.

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Learned counsel for the petitioner has also annexed the said order, which is dated 06.04.2024 passed by the Special L.A. & R.R.O., Lower Indra

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Page 2 of 3

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Irrigation Project, Khariar, wherein it is mentioned that the claim of the petitioner is genuine and the petitioner is entitled for higher compensation under section 28-A of the L.A. Act, 1894 as per the judgment of the learned Senior Civil Judge, Nuapada in L.A.R. No.30 of 2007.

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While disposing of W.P.(C) No.15416 of 2023, liberty had been granted to the petitioner to move the Special Land Acquisition Officer, Khariar for early disposal of the petition under section 28-A of the L.A. Act, 1894, this contempt petition is therefore not maintainable and is accordingly, dropped.

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Urgent certified copy of this order be granted on proper application.

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( S.K. Sahoo) Judge

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( Savitri Ratho)

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Judge

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RKM

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Signature Not Verified