Krupasindhu Beriha Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Krupasindhu Beriha Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Land Acquisition Officer, Sewerage System, Collectorate Campus, Sambalpur (opp. party no.3) to consider the petitioner's representation dated 21.03.2024 in accordance with law and dispose of it within three months from production of a certified copy of the order, communicate the result within two weeks of the decision, and provide personal hearing if felt necessary; urgent certified copy to issue as per Rules.

Issue for consideration

Whether the opposite parties are liable to pay compensation for unauthorised occupation of the petitioner's land measuring Ac.0.445 dec. in plot nos. 2108 and 2184, Khata No.38, Mouza Sambalpur Town, recorded in the name of Iswar Beriha. +1 more

Ratio / Principle

Without entering into the merits, the Court disposed of the writ petition, directing the Land Acquisition Officer, Sewerage System, Collectorate Campus, Sambalpur (opp. party no.3) to consider the petitioner's representation in accordance with law and dispose of it within three months from production of a certified copy of the order, communicating the result to the petitioner within two weeks of the decision.

Key takeaways

If opp. party no.3 considers it necessary to give the petitioner a personal hearing for disposal of the representation, such hearing shall be provided.ratio¶22

Detailed headnote1 paragraphs

Krupasindhu Beriha v. State of Odisha and others, W.P.(C) No.194 of 2025, High Court of Orissa at Cuttack (order dated 28.01.2025; S.K. Sahoo and S.S. Mishra, JJ.). The petitioner sought payment of compensation for land measuring Ac.0.445 dec. in plot nos. 2108 and 2184, Khata No.38, Mouza Sambalpur Town Unit No.2, Dhanupalli, recorded in the name of Iswar Beriha, alleging unauthorised occupation, and early disposal of his representation dated 21.03.2024 (Annexure-4 series) pending before opp. party no.3. State counsel raised no objection to the prayer. Without entering into the merits, the Court disposed of the writ petition, directing the Land Acquisition Officer, Sewerage System, Collectorate Campus, Sambalpur (opp. party no.3) to consider the representation in accordance with law and dispose of it within three months from production of a certified copy of the order, to communicate the result to the petitioner within two weeks of taking the decision, and to afford a personal hearing if considered necessary.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.194 of 2025

Krupasindhu Beriha ….. Petitioner

Ms. Swetalana Das, Advocate

-versus-

1. State of Odisha 2. The Project Engineer, Project Management Unit, OWSSB, Sambalpur

3. The Land Acquisition Officer, Sewerage System, Collectorate ..... Campus, Sambalpur Opp. Parties

Mr. Debasish Nayak, Addl. Govt. Advocate

CORAM:

THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE S.S. MISHRA

ORDER

Order No.

28.01.2025

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

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

This writ petition has been filed by the petitioner with a prayer for a direction to the opp. parties to pay

Page 1 of 3

compensation for unauthorizedly occupied land of area Ac.0.445 dec. in plot no.2108 and 2184 of Khata No.38 of Mouza Sambalpur Town Unit No.2, Dhanupalli, P.S.Sambalpur, P.S. No.37, Tahsil & District- Sambalpur, which is recorded in the name of Iswar Beriha, son of Sudarsana Beriha.

Learned counsel for the petitioner submitted that for the self-same grievance, the petitioner has made a representation to the opp. party no.3 on 21.03.2024 vide Annexure-4 series and the same is still pending for consideration and necessary direction be issued for early disposal of the representation.

Learned counsel for the State has no objection to such prayer.

Without entering into the merits of the case, we dispose of the writ petition directing the Land Acquisition Officer, Sewerage System, Collectorate Campus, Sambalpur (opp. party no.3) to consider the representation of the petitioner in accordance with law and dispose of the same within a period of three months from the date of production of certified copy of this order and the result be communicated to the petitioner within two weeks of taking such decision.

If the opp. party no.3 feels it necessary to give personal hearing to the petitioner for disposal of the representation, the same shall be provided.

Page 2 of 3

sipun

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

(S.S. Mishra) Judge

Signature Not Verified

Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 29-Jan-2025 11:15:04

Page 3 of 3