BIDYADHAR MAHALIK Vs. LAND ACQUISITION OFFICER, KALAHANDI

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Government Advocate for the State.

(2.) This writ petition has been filed seeking the prayer for issuance of a writ of certiorari quashing the impugned order dated 17.9.1997 passed by the land Acquisition Officer, Kalahandi in L.A. Case No. 2 of 1996 and further for issuance of a writ of mandamus directing the opposite party to refer the matter to the concerned reference Court for re-determination of compensation amount of the land in question of the Petitioner acquired for construction of Chhoriagarh M.I.P. in L.A. Case No. 2/1996.

(3.) The case of the Petitioner in brief is that the father of the Petitioner was the owner in possession of Plot No. 157 corresponding to Khata No. 30 of Mouza Chhuriagarh. The aforesaid land was submersed in the M.I.P., Chhuriagarh for which opposite party acquired the said land under Section 4(1) notification dated 11.4.1996. In this regard a land acquisition proceeding vide L.A. Case No. 2/1996 was started and vide order dated 15.4.1997 notice under Section 9(i) & (ii)of the Land Acquisition Act (hereinafter called 'the Act') was issued inviting objection from the person interested. After receipt of notice the Petitioner's father filed objection. Thereafter the opposite party vide its order dated 7.6.1997 disbursed the awarded amount in favour of the Petitioner's father and other persons which was received by him with objection. Being not satisfied, Petitioner's father filed a petition under Section 18 of the Act along with a petition Under Section 5 of the Limitation Act to refer the matter to the Civil Court for reassessment of the compensation amount. The same has been rejected by the opposite party vide impugned order dated 17.9.1997. Hence this writ petition.