Mukunda Chandra Parida Vs Land Acquisition Officer Cum Collector , Mayurbhanj — Orissa HC (2025) — LawSathi Research

Mukunda Chandra Parida Vs Land Acquisition Officer Cum Collector , Mayurbhanj — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party No.1 (Land Acquisition Officer-cum-Collector, Mayurbhanj, Baripada) to examine the representation dated 08.10.2024 (Annexure-3), on production of a certified copy of the order, by making necessary enquiry regarding the legal heirs of the recorded tenants of Plot No.639 under Khata No.88, Mouza Khanta, Tahasil Bijatala, district Mayurbhanj, and proceed in accordance with law.

Issue for consideration

Whether the notice dated 11.09.2024 (Annexure-2) issued by opposite party No.1 should be set aside on the ground that some of the other legal heirs of the recorded tenants (Jatindranath, Sasadhar, Chitrasen and Dharanidhar Parida) of Khata No.88 were neither named in the notice nor served with it.

Court's answer

Without expressing any opinion on the merits of the representation under Annexure-3, the Court disposed of the writ petition directing opposite party No.1 to examine the representation, on production of a certified copy of the order, by making necessary enquiry regarding the legal heirs of the recorded tenants of Plot No.639 under Khata No.88, Mouza Khanta, Tahasil Bijatala, district Mayurbhanj, and to proceed in accordance with law.

Detailed headnote1 paragraphs

Writ petition – Land acquisition compensation – Notice to legal heirs of recorded tenants. The petitioner sought setting aside of the notice dated 11.09.2024 (Annexure-2) issued by the Land Acquisition Officer-cum-Collector, Mayurbhanj, Baripada (notice No.202, Case No.08 of 2018) calling upon him and others to receive compensation for acquisition of land under Plot No.639, Khata No.88, Mouza Khanta, Tahasil Bijatala, district Mayurbhanj, on the ground that certain other legal heirs of the recorded tenants (Jatindranath, Sasadhar, Chitrasen and Dharanidhar Parida) were neither named in the notice nor served with it, and that his representation dated 08.10.2024 (Annexure-3) to implead them had produced no result. Held: disposing of the writ petition without expressing any opinion on the merits of the representation, the Court directed opposite party No.1 to examine the representation, on production of a certified copy of the order, make necessary enquiry regarding the legal heirs of the recorded tenants and proceed in accordance with law. Bench: S.K. Sahoo and Savitri Ratho, JJ.; order dated 12.03.2025.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No.6197 of 2025

Mukunda Chandra Parida

… Petitioner

Mr.Satya Narayan Bhramar Ray, Advocate

-versus-

__

Land Acquisition Officer-cum-Collector, Mayurbhanj, Baripada and others

… Opposite Parties Ms.Subhalaxmi Devi, ASC

CORAM:

THE HON’BLE MR.JUSTICE S.K.SAHOO THE HON’BLE MS. JUSTICE SAVITRI RATHO

ORDER

Order No.

12.03.2025

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

This writ petition has been filed by the petitioner - Mukunda Chandra Parida for a direction to set aside the notice dated 11.09.2024 under Annexure-2 issued by opposite party No.1-Land Acquisition Officer-cum-Collector, Mayurbhanj, Baripada as all the legal heirs of the recorded tenants have not been issued notice.

The case of the petitioner is that the opposite party No.1 issued notice No.202 corresponding to Case No.08 of 2018 to the petitioner and some others asking them to receive the compensation towards the acquisition of land under Plot No.639 under Khata No.88 under Mouza:Khanta, Tahasil-Bijatala under the district of Mayurbhanj.

Learned counsel for the petitioner submits that some of the other legal heirs of the recorded tenants – Jatindranath, Sasadhar, Chitrasen and Dharanidhar Parida of said Khata No.88 have not been named in

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the notice nor has notice been served on them for which a representation under Annexure-3 dated 08.10.2024 has been submitted before the opposite party No.1 with a prayer to implead/issue notice to all the legal heirs of the recorded tenants. But it has not produced any results. He further submits that opposite party No.1 may be directed to consider and dispose of the said representation in accordance with law. Learned counsel for the State has no serious objection in that respect.

Considering the limited nature of grievance of the petitioner and without expressing any opinion on the merits of the representation under Annexure-3, we dispose of the writ petition directing the opposite party No.1 to examine the representation, on production of a certified copy of this order, by making necessary enquiry regarding the legal heirs of the recorded tenants of Plot No.639 under Khata No.88 under Mouza:Khanta, Tahasil-Bijatala under the district of Mayurbhanj and proceed in accordance with law.

(S.K.Sahoo) Judge

(Savitri Ratho)

Judge

Bichi

Signature Not Verified

Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 13-Mar-2025 11:41:46

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