Arakshita Sagaria Vs State of Odisha

Signature Not Verified

Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Aug-2025 10:22:58

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 14469 OF 2025

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Arakshita Sagaria

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…. Petitioner

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Mr. Gopal Chandra Das, Advocate on behalf of Mr. Dhananjaya Mund, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties

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Mr. Manmaya Kumar Dash, Additional Standing Counsel

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

Order No.

19.08.2025

This matter is taken up through hybrid mode.

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The grievance of the Petitioner, in this writ petition, is with regard to inaction of the Special Land Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar (Opposite Party No.3) in disposing of his application filed under section 28-A of the Land Acquisition Act, 1894 (for brevity, ‘the Act’).

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It is submitted by Mr. Das, learned counsel being authorized by Mr. Mund, learned counsel for the Petitioner that LAR No.44 of 2022 of village Rajna in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 26^th April, 2024 enhancing the compensation. Since the land of the Petitioner was acquired under the same Notification No.15266 dated 26^th March, 2001 published under section 4(1) of the Act, the Petitioner filed an application under section 28-A of the Act for redetermination of compensation for acquisition of

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Aug-2025 10:22:58

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his land in terms of the judgment passed in LAR No. 44 of 2022. But, the said application was not disposed of within a reasonable time for which the Petitioner has approached this Court in the present writ petition.

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Considering the grievance of the Petitioner, this Court vide Order dated 29^th July, 2025 directed learned State Counsel to take instruction with regard to current status of the petition filed by the Petitioner under section 28-A of the Act.

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Upon receiving written instruction from the Opposite Party No.3, Mr. Dash, learned Additional Standing Counsel submits that Government in the Department of Water Resources, Odisha, Bhubaneswar have been moved by the Opposite Party No.3 for sanction of the decreetal dues in LAR No. 44 of 2022. The sanction of decreetal amount is awaited. After receipt of the sanction order in LAR No. 44 of 2022, the case of the Petitioner will be processed. The Opposite Party No.3 is making a sincere endeavour for early disposal of the application under section 28-A of the Act.

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Considering the submissions made by the learned counsel for the parties, this Court without delving into the merit of the case of the Petitioner in the application filed under section 28-A of the Act, disposes of the writ petition with a direction that steps shall be taken by the Special Land Acquisition Officer & RRO, Khariar to dispose of the application filed by the Petitioner under section 28-A of the Act as expeditiously as possible, preferably by end of December, 2025 and the decision thereof be communicated to the Petitioner forthwith. The Opposite Party No.3 may also move the Government for early sanction of the decreetal amount in LAR No. 44 of 2022. If it is held that the

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Aug-2025 10:22:58

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Petitioner is entitled to compensation in terms of LAR No. 44 of 2022, then steps shall be taken to disburse the differential compensation along with other statutory dues by end of February, 2026.

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

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(K.R. Mohapatra) Judge

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(Savitri Ratho)

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ms

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Judge

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Arakshita Sagaria v. State of Odisha

Case brief

What is this about?

What did the court decide?

Arakshita Sagaria v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Coram

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