Prajapati Majhi Vs State of Odisha

In terms of the order dated 04.02.2025 passed in W.P.(C). No.2388 of 2025, learned counsel for the petitioner has filed an affidavit of the petitioner where in paragraph no.3, it is stated as follows:-

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“That, it is humbly submitted that the reference case U/s. 18 of the L.A. Act vide LAR No. 50 of 2012 was disposed of on dated 02.02.2013 and after obtaining certified copy of the order, the petitioner filed an application U/s. 28-A of the L.A. Act under Annexure-2 before the Collector & the Land Acquisition Officer, Kalahandi on 06.04.2013 which is within the prescribed period of limitation of 90 days. The Land Acquisition Officer, Kalahandi received the said petition, put signature and date on the left-hand margin which is also

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evident from the first page of the petition Annexure-2”.

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

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The petitioner Prajapati Majhi who claims to be the recorded owner of plot Nos.1061, 1064, 1047 and 1067, Khata No.92, Mouza Karlakhunta (Area 0.91 dec.) has filed this writ petition with a prayer to direct the opposite parties to adjudicate, sanction and disburse the compensation amount in connection with the petition under section 28-A of the L.A. Act filed by the petitioner under Annexure-2 in L.A. Case No.04 of 2013 in terms of the award dated 02.02.2013 passed by the learned Civil Judge (Sr. Division), Bhawanipatna in LAR No.50 of 2012 within a stipulated time.

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Mr. D. Mund, learned counsel for the petitioner submits that the petitioner is aggrieved by the nondisposal of his application filed on 06.04.2013 under section 28-A, of the Land Acquisition Act, 1894 arising out of L.A.R. No.50 of 2012 pending before the Land Acquisition Officer, Kalahandi (OPP. Party No.3). In such background, he prays that a direction may be issued to the Opp. Party No.3 to dispose of the said application expeditiously.

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Considering the submission made and without expressing any opinion on the merits of the case, we dispose of the writ petition directing the Opp. Party No.3 to dispose of the application under section 28-A of the L.A. Act filed on 06.04.2013 in L.A. Case No.4 of 2003 in

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accordance with law within a period of six months from the date of production of certified copy of this order. It is further directed that in case the application of the petitioner under section 28-A of the Land Acquisition Act, 1894 is allowed, and if there is no other legal impediment, the compensation amount be disbursed expeditiously.

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As the writ application is disposed of without notice to the opposite parties, liberty is granted to them to apply for valuation/modification/recall of this order in case the situation so demands and/or if the averments in the writ petition/affidavit or the submission are not correct.

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Urgent certified copy of this order be granted as per rules.

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( S.K. Sahoo)

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Judge

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( Savitri Ratho) Judge

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Pravakar

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Signature Not Verified

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Digitally Signed Signed by: PRAVAKAR NAYAK Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 28-Feb-2025 10:31:17

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Prajapati Majhi v. State of Odisha

Case brief

What is this about?

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Prajapati Majhi v. State of Odisha

Case brief

What is this about?

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