Laxmi Hembram Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Laxmi Hembram Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party no.3 (Project Director, R & R, Subarnarekha Irrigation Project, Laxmiposi, District-Mayurbhanj) to take a decision on the petitioner's representation vide Annexure-7 and pass appropriate order in accordance with law within three months from production of a certified copy of the order, and to communicate the order to the petitioner within two weeks of taking the decision; no adjudication of the compensation claim on merits.

Issue for consideration

Whether opposite party no.3 (Project Director, R & R, Subarnarekha Irrigation Project, Laxmiposi, District-Mayurbhanj) should be directed to pay the petitioner compensation of Rs.7,72,425/- along with interest @ 18% per annum with effect from 07.02.2023, the date other similarly placed persons were paid, till actual payment. +1 more

Ratio / Principle

Considering the submissions of learned counsel for the respective parties, and without expressing any opinion on the merits of the case, the Court disposed of the writ petition directing opposite party no.3.

Key takeaways

Opposite party no.3, the Project Director, R & R, Subarnarekha Irrigation Project, Laxmiposi, District-Mayurbhanj, is directed to take a decision on the representation filed by the petitioner vide Annexure-7 and pass appropriate order in accordance with law within a period of three months from the date of production of a certified copy of the order.ratio¶21
The decision so taken is to be communicated to the petitioner within a period of two weeks of taking the decision.ratio¶24

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, W.P.(C) No.308 of 2025 (decided 28.01.2025), Bench: S.K. Sahoo and S.S. Mishra, JJ. Laxmi Hembram filed a writ petition seeking a direction to opposite party no.3, the Project Director, R & R, Subarnarekha Irrigation Project, Laxmiposi, District-Mayurbhanj, to pay compensation of Rs.7,72,425/- with interest @ 18% per annum from 07.02.2023 (the date similarly placed persons were paid) till actual payment, and to dispose of her representation dated 04.11.2024. The Court, without expressing any opinion on the merits, disposed of the writ petition directing opposite party no.3 to take a decision on the representation (Annexure-7) and pass appropriate order in accordance with law within three months of production of a certified copy of the order, and to communicate the decision to the petitioner within two weeks thereof.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.308 of 2025

Laxmi Hembram

…. Petitioner

Mr. Prasanta Kumar Mohanty(2) Advocate

-versus-

State of Odisha and …. Opp. Parties others

Mr. Aurobinda Mohanty, Addl. Standing Counsel

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.

The petitioner has filed this writ petition with a prayer to direct the opposite party no.3, the Project Director, R & R, Subarnarekha Irrigation Project, Laxmiposi, District-Mayurbhanj to pay the compensation amount of Rs.7,72,425/(Rupees Seven Lakh Seventy Two Thousand Four hundred Twenty Five) along with interest @ 18% per annum

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with effect from 07.02.2023 the date the other similarly placed persons were paid with the compensation till the date of actual payment to the petitioner.

Learned counsel for the petitioner submitted that the petitioner has submitted a representation dated 04.11.2024 highlighting the grievances before the opposite party no.3, the Project Director, R & R, Subarnarekha Irrigation Project, Laxmiposi, DistrictMayurbhanj, but he has not received any communication from the concerned Authority relating to the status of the representation and therefore, a direction may be given to dispose of the same within a specified period.

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

Considering the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, we dispose of the writ petition directing the opposite party no.3, the Project Director, R & R, Subarnarekha Irrigation Project, Laxmiposi, District-Mayurbhanj, to take a decision on the representation filed by the petitioner vide Annexure-7 and pass appropriate order in accordance with law within a period of three months from the date of production of a certified copy of this

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Subhasis

order and to communicate the order to the petitioner within a period of two weeks of taking the decision. Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

( S.S. Mishra)

Judge

Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 29-Jan-2025 16:10:26

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