Disposed¶21

Anusaya Behera v. State of Odisha

Orissa HC6 Feb 2025WP(C)/3565/2025

Case brief

AI extract

What is this about?

Time-bound mandamus-type direction; Rehabilitation and Resettlement benefits; Orissa Resettlement and Rehabilitation Policy 2006; Lower Indra Irrigation Project, Khariar, Nuapada; pending application dated 12.08.2023 (Annexure-3) undisposed for want of communication; disposal ordered within three months plus two weeks' intimation; no adjudication on merits; State counsel raised no objection.

What did the court decide?

Direction to opposite party no.5 (Project Director-cum-Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada) to take a decision on the petitioner's application vide Annexure-3 and pass appropriate order in accordance with law within three months from production of a certified copy of the order, and to communicate the result/decision to the petitioner within two weeks thereafter. ¶21

Anusaya Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether opposite party no.5, the Project Director-cum-Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada, should be directed to adjudicate and dispose of the petitioner's application dated 12.08.2023 (Annexure-3) for Rehabilitation and Resettlement benefits under the Orissa Resettlement and Rehabilitation Policy 2006 within a stipulated period.

¶16

Ratio / Principle

Without expressing any opinion on the merits of the case, the Court disposed of the writ petition directing opposite party no.5, the Project Director-cum-Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada, to take a decision on the application filed by the petitioner vide Annexure-3 and pass appropriate order in accordance with law.

¶21

Key takeaways

The decision on the Annexure-3 application was to be made within a period of three months from the date of production of a certified copy of the order, and the result/decision taken thereon was to be communicated to the petitioner within two weeks thereafter.ratio¶21

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.3565 of 2025, High Court of Orissa, order dated 06.02.2025) disposed of without expressing any opinion on the merits. The Court directed opposite party no.5, the Project Director-cum-Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada, to take a decision on petitioner Anusaya Behera's application dated 12.08.2023 (Annexure-3) seeking Rehabilitation and Resettlement benefits under the Orissa Resettlement and Rehabilitation Policy 2006, pass appropriate order in accordance with law within three months of production of a certified copy of the order, and communicate the result/decision to the petitioner within two weeks thereafter.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.3565 of 2025

¶3

Anusaya Behera

¶4

…. Petitioner

¶5

Mr. Bhaskar Samantaray, Advocate

¶6

-versus-

¶7

State of Odisha and …. Opp. Parties others

¶8

Miss Subhalaxmi Devi, Addl. Standing Counsel

¶9

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

¶10

THE HON'BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

06.02.2025

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

¶15

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

¶16

The petitioner has filed this writ petition with a prayer to direct the opposite party no.5, the Project Director -cum- Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada to adjudicate and dispose of the application filed by her on 12.08.2023 under Annexure-3 for Rehabilitation and Resettlement benefits under Orissa Resettlement and Rehabilitation Policy 2006 in her favour within a stipulated period.

¶17

Learned counsel for the petitioner submits that, the petitioner has submitted an application before the opposite

¶18

Page 1 of 2

¶19

party no.5, the Project Director -cum- Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada on 12.08.2023, but she has not received any communication from the concerned Authority and therefore, a direction may be given to dispose of the same within a specified period.

¶20

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

¶21

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.5, the Project Director -cum- Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada to take a decision on the application filed by the petitioner vide Annexure-3 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 order and to communicate the result/decision taken thereon to the petitioner within two weeks thereafter.

¶22

Urgent certified copy of this order be granted on proper application.

¶23

( S.K. Sahoo)

¶24

Judge

¶25

Signature Not Verified

¶26

( Savitri Ratho)

¶27

Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: AuthenticationRKM Location: HIGH COURT OF ORISSA, CU TTACK Date: 07-Feb-2025 17:58:21