WP(C)/9913/2026 of TULSIRAM NIAL @ LOCHAN NIAL Vs STATE OF ODISHA on 20 July 2026

ORDER

Order No. 20.07.2026

03.

1. This matter is taken up through hybrid mode.

2. Grievance of the Petitioner in this writ petition is with regard to inaction of the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar in considering his application filed under Section 28-A of the Land Acquisition Act, 1894 (for brevity, ‘the Act’). The said application was filed in terms of the judgment dated 7th February, 2023 passed by the learned Civil Judge (Senior Division), Nuapada in L.A.R. No.51 of 2008 in respect of village-Solbandh.

3. Taking note of the grievance of the Petitioner, this Court directed the learned State Counsel to take instruction in the matter.

3.1. The Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar vide his letter No.1115 dated 14th May, 2026, imparted the following instructions:

"Sub: WP(C) No.9913/2026 filed by Tulsiram Nial @ Lochan Nial-Vrs.-State of Odisha and Others. Sir, In inviting a reference to the subject cited above, I am to say that Tulsi Ram Nial S/o- Late Dambudha Nial of village Solbandh has filed petition u/s-28(A) of the LA Act, 1894 on 29.03.2023 referring the judgment dtd.07.02.2023 in LAR No.5l/2008 relating to Khata No.61 of Mouza Solbandh for higher compensation. On scrutiny of the office record, it is found that the compensation amount has been paid to Lochan Nial, Pandribudhi Nial, Ghosen Nial all are son and daughter of Late Dombudha Nial. The 12(2) notice is attached herewith for reference. It is ascertained that thepetitioner is a neither record tenant nor received compensation amount for the acquire land.

Therefore, the petitioner is not eligible to file application u/s-28(A) of the LA Act, 1894 for re- determination of compensation amount as per referred LAR No.51/2008.

I would therefore request you to please appraise the facts to the Hon'ble High Court, Orissa, Cuttack."

3.2. However, Mr. Behera, learned Counsel for the Petitioner sought for an adjournment to take instruction and place on record materials indicating that Tulsiram Nial and Lochan Nial are one and the same person.

3.3. An affidavit of Tulsiram Nial has been filed, which is available at Flag-B of the case record, which indicates that Tulsiram Nial and Lochan Nial are one and the same person. In support of the same, the Petitioner has enclosed the Voter identity card and the Aadhaar card of Tulsiram Nial.

3.4. The documents enclosed to the affidavit do not disclose that Tulsiram Nial and Lochan Nial are one and the same person. Copy of the affidavit sworn in before the Executive Magistrate, Komna, which is enclosed to the additional affidavit, also does not inspire confidence to come to a conclusion that Tulsiram Nial and Lochan Nial are one and the same person.

4. In view of the above, this Court is not in a position to accept the submission of Mr. Behera, learned Counsel for the Petitioner to the effect that Tulsiram Nial and Lochan Nial are one and the same person.

5. However, this Court, without recording a conclusive opinion on the same, remits the matter to the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar to consider the application filed by the Petitioner under Section 28-A of the Act giving opportunity to the Petitioner to produce materials to justify his claim that the Petitioner namely, Tulsiram Nial is otherwise known as Lochan Nial.

6. With the aforesaid observation and direction, the writ petition is disposed of.

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

(K.R. Mohapatra)

Judge

(S.K. Mishra)

Judge Kanhu Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Jul-2026 17:38:35 Signature Not Verified