WRIT PETITION 22968 of 2025 on 20 February 1998

1. This matter is taken up through hybrid mode.

2. Petitioner, in this writ petition, prays for a direction to release compensation in terms of the judgment passed in LAA No.143 of 2010 and order passed in W.P.(C) No.2804 of 2023 by this Court.

3. Mr. Behera, learned counsel for the Petitioner submits that pursuant to the acquisition of the land of the Petitioner in Plot No.248 to an extent of Ac.0.21 dec., L.A. Case No.2/1995 was initiated and award under section 11(1) of the Land Acquisition Act, 1894 (for brevity, ‘the Act’) was passed. Being not satisfied, the Petitioner along with other co-sharers filed an application under section 18 of the Act and the matter was referred to the learned Civil Judge (Senior Division), Bhadrak for adjudication. Accordingly, L.A. Misc. Case No.359 of 1996 was initiated on his file. The reference under section 18 was disposed of vide judgment dated 20.02.1998 enhancing the compensation. In the meantime, land losers whose land was acquired under the same notification under section 4(1) of the Act filed LAA No.143 of 2010 before this Court under section 54 of the Act assailing the judgment passed in reference filed by themand land acquisition compensation was further enhanced by this Court. Some of the land losers, who are similarly placed without filing appeal under Section 54 of the Act filed W.P.(C) No.2803 of 2023 to dispose of their representations filed before the Collector for enhancement of compensation in terms of LAA No.143 of 2010. On agreement of learned counsel for the parties, this Court vide order dated 07.02.2023 directed the Collector to consider the representation filed by the Petitioner therein and to pass appropriate orders in accordance with law within a period of three months from the date of production of certified copy of the said order.

4. It is submitted by Mr. Behera, learned counsel for the Petitioner that the Petitioner stands in a similar footing. It is also submitted by Mr. Behera, learned counsel for the Petitioner that pursuant to the direction of this Court representation was favourably disposed of in favour of the Petitioners therein and enhanced compensation in terms of LAA No.143 of 2010 was paid to them. Thus, it is submitted that since the Petitioner stands in a similar footing and has also filed a representation before Collector, Bhadrak (Opposite Party No.2) on 03.07.2025 (Annexure-5), a direction may be made for disposal of her representation.

5. Mr. Biswal, learned Additional Standing Counsel submits that he will take instruction in the matter.

6. Taking into consideration the submission made by learned counsel for the Petitioner, this Court finds that the Petitioner was neither a party to LAA No.143 of 2010 nor W.P.(C) No.2804 of 2023. There is no sufficient material to show that the Petitioner stands in a similar footing with that of the Appellants and Petitioners in the aforesaid LAA No.143 of 2010 and W.P.(C) No.2804 of 2023 respectively. Further the Petitioner has not availed remedy under section 54 of the Act to claim for higher compensationas yet, if she is not satisfied with the judgment passed in the referenceunder section 18 of the Act.

Thus, we are not inclined to grant the prayer made by the Petitioner in the present writ petition. 7. Accordingly, the writ petition is dismissed. It is, however, observed that dismissal of the writ petition shall not be a bar for the Petitioner to work out the statutory remedy in accordance with law.

(K.R. Mohapatra) Judge

Himansu

(Savitri Ratho) Judge

Signature Not Verified

Digitally SignedSigned by: HIMANSU SEKHAR DASHReason: AuthenticationLocation: OHCDate: 17-Oct-2025 18:54:43