Biswanath Patel vs Kumar Nagbhusan, Special Land Officer, Lower Suktel Irrigation Project, Balangir

By filing the present petition the petitioner alleges non-compliance of the order dated 15.3.2022 disposing of W.P.(C) No. 26731 of 2021 and prays the Court to proceed against the opposite party as per the provisions of the Contempt of Courts Act.

The operative portion of the order dated 15.3.2022 is quoted herein for reference :

“4. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the Special Land Acquisition Officer, Lower Suktel Irrigation Project in the district of Bolangir (opposite party No.4) to take a decision on the above noted representation dated 16.8.2021 under Annexure-8 in accordance with law within a period of four months from the date of receipt of copy of this order and communicate the result of such exercise to the petitioner.”

Pursuant to the notice issued by this Court, the opposite party-Special Land Acquisition Officer, Lower Suktel Irrigation Project, Balangir has filed compliance affidavit dated 08.02.2023, copy of which has been served on the learned counsel for the petitioner.

The averments made in the said compliance affidavit indicating steps taken for compliance of this Court’s order dated 15.3.2022 disposing of W.P.(C) No. 26731 of 2021 are quoted herein :

“4.That on dated 25.04.2022 the petitioner filed an application before the deponent praying for taking action for acquisition of left out area of Ac.0.55 dec from khata no.74/32 of Mouza-Kankara for construction of Lower Suktel Irrigation Project, which is unfit for use of his family in future and also requested to apprise the fact to the requisitioning authority i.e., Superintending Engineer, Lower Suktel Rehabilitation, Resettlement, Camps and Building Division, Balangir in the matter. (Annexure-B/1)

That on request of the petitioner the deponent sought for view from the Superintending Engineer, Lower Suktel Rehabilitaiton, Resettlement, Camps & Building Division, Balangir vide letter no.825 dated 19. 05.2022 regarding prayer for acquisition of Ac.0.55 left out land as he is the requisitioning authority in respect of Lower Suktel Irrigation Project, Balangir, (Annexure-C/1)

That the requisitioning authority i.e., Superintending “Engineer, L.S.R.R.C. & B. Division, Balangir in his view stated that the case land situates beyond Full Reservoir Level and filing of requisition for land acquisition does not arise. The report was received by the deponent on 18.07.2022. As such the claim of the petitioner Sri Biswanath Patel for acquisition of left out land was rejected on 19.07.2022 and order duly communicated to him through registered post. Copy of order dated 19.07.2022 passed by the deponent disposing of the representation pursuant to the direction of this Hon’ble Court is annexed herewith. (Annexure-D/1 & E/1)

That the order of this Hon’ble Court has been duly complied by the deponent within the stipulated period i.e., within 4 months from the date of receipt of order and also communicated to the petitioner in time.”

In view of the above averments made by the opposite party, this Court is of the considered opinion that the order dated 15.3.2022 disposing of W.P.(C) No. 26731 of 2021 has been complied with rendering the present contempt petition infructuous.

Accordingly, the contempt petition is dismissed.

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