Netrananda Mahanta Vs State of Odisha

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Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 29-Jul-2025 14:09:49

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.15756 OF 2025

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Netrananda Mahanta

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…. Petitioner

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Mr. Susanta Kumar Sahu, 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. Swayambhu Mishra, Additional Standing Counsel

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

Order No.

ORDER 25.07.2025

This matter is taken up through hybrid mode.

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Petitioner in this writ petition prays for a direction to the Collector-cum District Magistrate, Sundargarh to take a decision on the application (Annexure-3) filed by the Petitioner under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (For brevity ‘the Act’).

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The case of the Petitioner is that being not satisfied with the award passed under the Act, the Petitioner filed an application under Section 64(1) of the Act before the Collector-cum-District Magistrate, Sundargarh-Opposite Party No.2 for reference to the Authority. The said application though filed on 6^th October, 2022, but, till now, the same is pending without any action. Hence, finding no other alternative, this writ petition has been filed.

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Considering the nature of grievance made by the Petitioner, this Court directed learned State Counsel to take instruction from the Collector and District Magistrate, Sundargarh with regard to the status of the application filed under Section 64(1) of the Act. In

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 29-Jul-2025 14:09:49

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response to the same, the Deputy Collector in the Office of Additional District Magistrate, Rourkela in the district of Sundargarh filed an affidavit on 24^th July, 2025. The Registry has sent a scanned copy of the said affidavit which is taken on record. Relevant portion of the said affidavit reads as under:

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“4. That it is humbly submitted that 13 numbers of application regarding redetermination of compensation amount has been received U/s 64(1) of RFCTLAR & R Act, 2013 and the same were entered in the register of letters received on 31.10.2022. Even though the said 13 numbers of applications have been received but the same has not been sent to the concerned authority i.e. Land Acquisition Zone Officer, TalcherBimalagarh NBG Rail Link Project, Sundargarh for taking further action at their end.

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In this regard copy of relevant page of register of letters received is annexed herewith as ANNEXURE-A/2.

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5. That further it is humbly submitted that on verification it is found that the concerned Senior Revenue Assistant who has received the 13 numbers of application has not sent the same to the concerned authority. So disciplinary action under rule 15 of OCS(CC&A) Rules, 1962 is initiated against Smt. Kuntala Panda, Senior Revenue Assistant, General & Misc. Section, Collectorate, Sundargarh and show cause notice has been issued to her vide letter No.8384/Estt. Dated 22.07.2025.

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In this regard copy letter No.8384 dt.22.07.2025 are annexed herewith as ANNEXURE-B/2.

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6. That it is humbly submitted that now after obtaining 13 numbers of Applications, appropriate action will be taken on the same after giving reasonable opportunity of being heard to the petitioner.

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7. That in the above view of the facts the present deponent begs unconditional apology. While begging unconditional apology, the present deponents undertakes to take prompt action against the erring officer as per law, as well as prompt steps will be taken on the said 13 numbers of applications for redetermination of which has been submitted compensation amount which has been received U/s 64(1) of RFCTLAR & R Act, 2013.”

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Simultaneously, the Land Acquisition Officer, TalcherBimalagarh New Broad Gage (NBG) Rail Link project, Sundargarh also filed an affidavit dated 23^rd July, 2025 filed on 24^th July, 2025, a scanned copy of which is received in Court from the Registry.

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Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 29-Jul-2025 14:09:49

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Relevant portion of the said affidavit is reproduced hereunder:

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“3. That it is humbly submitted that the aforesaid matter was listed on 09.07.2025 and the Hon'ble High Court has been pleased to direct to file affidavit with regard to the state of affairs.

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4. That it is humbly submitted that no such application regarding redetermination of compensation amount has been received U/s 64(1) of RFCTLAR & R Act, 2013 has not been received from the Sundargarh Collectorate, where the petitioner has claimed to have submitted.

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5. That further it is humbly submitted that as soon as receipt of applications from the Office of the Collector, Sundargarh, prompt action will be taken on the same.”

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In view of the above, this Court taking a lenient view in the matter, directs the Collector and District Magistrate, Sundargarh to take a decision on the application filed under Section 64(1) of the Act as expeditiously as possible preferably within a period of four weeks hence in accordance with law giving opportunity of hearing to the Petitioner and communicate the decision to the Petitioner forthwith.

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(K.R. Mohapatra) Judge

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(Savitri Ratho)

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Rojalin

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Judge

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Netrananda Mahanta v. State of Odisha

Case brief

What is this about?

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Netrananda Mahanta v. State of Odisha

Case brief

What is this about?

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