Premalata Panigrahi @ Premalata Dei Vs N.H.a.of India, Keonjhar — Orissa HC (2025) — LawSathi Research

Premalata Panigrahi @ Premalata Dei Vs N.H.a.of India, Keonjhar — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Limited procedural direction only: expedited disposal (preferably within two weeks of filing) of any fresh application by the petitioners for early disposal of CMA No. 01 of 2018, with a further direction to the learned District Judge, Keonjhar to proceed with the matter if there is no other legal impediment; the immediate prayer was not entertained.

Issue for consideration

Whether this Court should direct early disposal of CMA No. 01 of 2018, a reference concerning apportionment of compensation under Section 3H(4) of the National Highways Act pending before the learned District Judge, Keonjhar.

Court's answer

On perusal of the record, the Court was not clear about the present status of CMA No. 01 of 2018 pending before the learned District Judge, Keonjhar, and was therefore not in a position to entertain the prayer made by the petitioners' counsel.

Ratio / Principle

The Court directed that on the petitioners filing an application for early disposal of CMA No. 01 of 2018, endeavour should be made to dispose of such application (petition for early disposal) as expeditiously as possible, preferably within two weeks from the date of filing, and the learned District Judge, Keonjhar shall proceed with the matter accordingly if there is no other legal impediment.

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No. 11350 of 2025, decided 03.07.2025, Orissa High Court, Coram: K.R. Mohapatra and Savitri Ratho, JJ.) by Premalata Panigrahi @ Premalata Dei, Janardan Panigrahi and Bijay Kumar Panigrahi against NHAI, PIU Keonjhar and others, seeking early disposal of CMA No. 01 of 2018 — a proceeding under Section 3H(4) of the National Highways Act concerning apportionment of compensation — pending before the learned District Judge, Keonjhar, on the ground of liberal adjournments and inordinate delay despite the consolidated petition having been filed and the matter being otherwise ready. Finding itself 'not clear about the present status' of the proceeding, the Court declined to entertain the prayer, but directed that if the petitioners file an application for early disposal, the District Judge shall endeavour to dispose of it expeditiously, preferably within two weeks, and proceed with the matter accordingly absent any legal impediment. Writ petition disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). NO. 11350 OF 2025

1. Premalata Panigrahi @ Premalata Dei

2. Janardan Panigrahi

3. Bijay Kumar Panigrahi …. Petitioners

Mr. Prasanta Kumar Satapathy, Advocate

-versus-

1. National Highways Authority of India, Project Implementation Unit, Keonjhar & Others

2. Pankajini Samantray

3. Sarat Samantray

4. Sunil Samantray

…. Opp. Parties

Mr. Siba Narayan Biswal, A.S.C.

CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

Order No.

ORDER 03.07.2025

1. This matter is taken up through hybrid mode.

A proceeding under Section 3H(4) of the National Highways Act has been initiated on the file of the learned District Judge, Keonjhar and registered as CMA Case No. 01 of 2018.

Mr. P. K. Satapathy, learned counsel for the petitioners submits that the matter is being adjourned liberally by learned District Judge, Keonjhar. He is not making any endeavor to dispose of the reference (CMA NO. 01 of 2018) although the issue involved is with regard to the apportionment of compensation. He refers to order dated 20^th October, 2022 and submits that the matter is being adjourned liberally till 18^th December, 2024 for filing of

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consolidated petition. After filing of the consolidated petition, learned District Judge, Keonjhar is not showing any interest in disposing of the case, although it is otherwise ready. It is submitted that there is no legal impediment in disposing of the CMA No. 01 of 2018, pending before the learned District Judge, Keonjhar. As there is inordinate delay in disposing of the proceeding, the petitioners finding no other alternative has filed this writ petition for the aforesaid relief.

Taking into consideration the submission of Mr. Satapathy, learned counsel for the petitioners and on perusal of the record, this Court is not clear about the present status of the proceeding, i.e. CMA No. 01 of 2018 pending before learned District Judge, Keonjhar. In that view of matter, this Court is not in a position to entertain the prayer made by learned counsel for the petitioners.

It is however directed that on filing of an application by the petitioners for early disposal of CMA No. 01 of 2018, an endeavor should be made to dispose of such application (petition for early disposal) as expeditiously as possible, preferably within a period of two weeks from the date of filing of such application and learned District Judge, Keonjhar shall proceed with the matter accordingly, if there is no other legal impediment.

The Writ petition is accordingly disposed of.

(K.R. Mohapatra) Judge

Signature Not Verified Subhalaxmi

Subhalaxmi

(Savitri Ratho) Judge

Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 08-Jul-2025 11:03:13

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