SURESWARI DEVI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner by filing this writ application has prayed for a direction to the opposite parties (State of Odisha and its functionaries) to take steps for initiation of proceeding afresh under the Land Acquisition Act, 1894 (hereinafter, called "the LA Act?) to acquire the land measuring Ac.2.25 decimals as described in the schedule under Annexure-1 to this application and pay just and adequate compensation as assessed as per the present market rate and in accordance with law; in the alternative to deliver of possession of said land.

(2.) The factual matrix of the case, in hand, is that one Soubhagya Manjari, the wife of late Anup Singh was the original owner having the right, title, interest and possession of the land in question. She has died leaving behind the petitioner and other sons and daughters as her legal heirs and successors who have succeeded to all the properties of said Soubhagya Manjari.

(3.) The counter filed by the Land Acquisition Officer (opposite party no.3) and Asst. Collector (opposite party no.4) run in the same vein as that of the counter filled by the opposite party nos. 2 and 5.