High CourtsDivision Bench(2021) 09 OHC CK 0116

Jagannath Swain vs State Of Odisha & Others

Orissa High Court · Decided on 30 September 2021

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · B.P. Routray, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Civil) No. 23926 Of 2021

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Judgment

7 paragraphs · 297 words
1.

There are two prayers in the present petition. The first is a challenge to a notice dated 4th May, 2021 issued by the Land Acquisition Officer (Civil), Cuttack asking the Petitioner to refund the excess amount of compensation paid to him.

2.

As regards the above prayer, in the light of the order already passed by this Court on 15th July, 2021 in W.P.(C) No.19162 of 2021 (Jagabandhu Sahoo v. State of Odisha), it is directed that the Collector, Cuttack will examine the correctness of the above notice and after hearing the Petitioner, pass an appropriate order not later than 15th November, 2021. The order be communicated to the Petitioner not later than 22nd November, 2021.

3.

If the Petitioner is aggrieved by the decision of the Collector, Cuttack, it will be open to him to seek other appropriate remedies in accordance with law.

4.

The second prayer is for a direction to the Land Acquisition Officer (Civil), Cuttack to make a reference to the competent authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Petitioner has not enclosed a copy of the application made by him in this regard. If indeed such an application has been made, a direction is issused to the Collector, Cuttack (Opposite Party No.3) to make the appropriate reference to the competent authority, if not already done, not later than 15th November, 2021 in accordance with law.

5.

For implementation of the order the Petitioner is directed to produce the downloaded copy of this order before the Collector, Cuttack not later than 11th October, 2021.

6.

The writ petition is disposed of in the above terms.

7.

An urgent certified copy of this order be issued as per rules.