CONTC/4722/2025 of JAYA KUMAR BISHOYI Vs HRUDANANADA SAHOO, BDO, KANDHAMAL on 24 June 2026

ORDER

24.06.2026

04. The complaint alleges non-compliance of the order dated 31.07.2024 entered in complainant’s W.P.(C) No.17971 of 2024. After service of notice, the contemnors having entered appearance through the learned AGA have, filed a compliance affidavit dated 03.02.2026 affixing a copy of order dated 31.07.2024 as Annexure-A, which reads as under:- “This case is put up today for orders. As per orders of Hon'ble High Court of Odisha, the B.D.O, Chakapad has filed requisition under RECTLAR&R Act, 2013 before Additional District Magistrate, Kandhamal in form A along with certified copy of R.O.R & Trace map of the case land. As per instruction of District office the petitioner Jaya Kumar Bishoyi was asked vide this office L.No.3625 dt.29.10.2025 through Regd. Post letter to furnish affidavit for consent of land owner to transfer the suit land in favour of B.D.O, Chakapad. But the petitioner fails to comply this till date.

The Land Acquisition Officer, Collectorate, Kandhamal and Tahasildar have been requested to cooperate for preparing the draft estimate for awarding compensation under 26 of RECTLARR Act, 2013 vide

L.No.4070 dt.02.12.2025 of B.D.O, Chakapad for approval by District compensation advisory committee under the Chairmanship of Collector, Kandhamal. All steps to be abide as per direction of the Hon'ble court has been followed. Now the case is pending for approval in the District Compensation Advisory committee. So the orders of Hon'ble High Court has been followed scrupulously by B.D.O,Chakapad and awaited till holding of District compensation advisory committee meeting.

The case is disposed off accordingly. Copy of the exparte orders communicated to the petitioner as no response received yet.”

2. Learned counsel for the complainant submits that though in terms of compliance affidavit and the documents accompanying the same, the encroachment is admitted and a recommendation is made by the contemnor for payment of compensation in respect of the encroached area, that exercise has not been undertaken. Therefore, to give effect to the orders of the Court, further orders be made.

3. At this stage, Mr. Panda, learned AGA appearing for the contemnors submits that the decision has to be taken for the payment of compensation on the basis of the BDO’s recommendation by some other authority who is not a party eo nomine to these proceedings and therefore, he is helpless.

4. There need not be a plea of helplessness in matters like this, inasmuch as Courts do exist for doing justice and not for passing some orders for the purpose of photo framing them. The authorities have to do all endeavors for giving effect to the letter and spirit of the orders of the Court.

5. In the above circumstances, these proceedings are dropped with a direction to the District Compensation Advisory Committee headed by the Chairmanship of Collector, Kandhamal to assess the compensation amount and pay it to the complainant within an outer limit of three (3) months without contending that the concerned authorities were not parties to these proceedings or to the writ petition i.e. W.P.(C) No.17971 of 2024.

6. Registry shall communicate this order to the District Compensation Advisory Committee headed by the Chairmanship of Collector, Kandhamal by Speed Post immediately by doing the needful action and thereby avoiding the possible contempt proceedings.

Web copy of order to be acted upon by all concerned.

(Krishna S. Dixit)

Judge

(Chittaranjan Dash)

Judge

Bijay/Sarbani Digitally Signed Signed by: SARBANI DASH Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jun-2026 19:28:16 Signature Not Verified