Muktikanta Barik Vs State of Odisha — Land Acquisition | Orissa HC (2025)

Muktikanta Barik Vs State of Odisha — Land Acquisition | Orissa HC (2025)

What the court decided

AI extract

Outcome

Direction to the Collector-cum-Land Acquisition Officer, Bhadrak (opp. party no.2) to consider the petitioner's application in accordance with law and dispose of it within three months from production of certified copy of the order (if no other impediment), and to communicate the order/result to the petitioner within two weeks thereafter; urgent certified copy to be issued as per Rules.

Issue for consideration

Whether a direction should be given to opposite party no.2 (Collector-cum-Land Acquisition Officer, Bhadrak) to dispose of the petitioner's pending application under section 24 of the RFCTLARR Act, 2013 within a specified period.

Court's answer

The writ petition was disposed of expressly without expressing any opinion on the merits of the application.

Ratio / Principle

Direction issued to the Collector-cum-Land Acquisition Officer, Bhadrak (opp. party no.2) to consider the petitioner's application in accordance with law.

Key takeaways

The application is to be disposed of within a period of three months from the date of production of certified copy of this order by the petitioner, if there is no other impediment.ratio¶23
The order/result is to be communicated to the petitioner within a period of two weeks after disposal.ratio¶23

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.3323 of 2025, High Court of Orissa at Cuttack, order dated 18.02.2025) disposed of: the petitioner had applied under section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the Collector/Land Acquisition Officer, Bhadrak on 05.10.2024 (received 07.10.2024, Annexure-4) with no response. Without expressing any opinion on the merits, the Court directed opp. party no.2 to consider the application in accordance with law and dispose of it within three months from production of certified copy of the order, if there is no other impediment, and to communicate the order/result within two weeks thereafter.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.3323 of 2025

Muktikanta Barik …..

Petitioner

Mr. Sukanta Kumar Nayak-2, Advocate

-versus-

State of Odisha and others

..... Opp. Parties

Ms. Subhalaxmi Devi, Addl. Standing Counsel

CORAM:

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

THE HON'BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No. 18.02.2025

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

Signature Not Verified

Digitally Signed Signed by: RAJESH KUMAR BADHEI Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Feb-2025 18:35:30

The petitioner, Muktikanta Barik has filed this writ petition with a prayer for a direction to the Land Acquisition Officer, Bhadrak to consider his application as per section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Learned counsel for the petitioner submits that highlighting the grievances, the petitioner has filed an application dated 05.10.2024 before the Collector, Bhadrak, opp. party no.2, who is also the Land

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Acquisition Officer and the same has been received on 07.10.2024, which is evident from the postal receipt annexed to the writ petition as Annexure-4, but no response has been received from the said opp. party and direction may be given to the opposite party no.2 to dispose of the said application 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 application, we dispose of the writ petition directing the Collector -cum- Land Acquisition Officer, Bhadrak, opp. party no.2 to consider the application 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 by the petitioner, if there is no other impediment and communicate the order/result to the petitioner within a period of two weeks thereafter.

Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

(Savitri Ratho) Judge

sipun

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