MANDHAR NAIK Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) The petitioner Mandhar Naik has challenged the impugned order dated 01.08.2015 passed by the Land Acquisition Officer, Sundargarh in L.A. Misc. Case No. 03 of 2015 in rejecting the prayer made by the petitioner for withholding the payment of compensation for land acquisition in respect of Khata No. 128 of Abankela village till disposal of C.M.A. No. 01 of 2010 pending in the Court of learned District Judge, Sundargarh. The petitioner has made a further prayer as to why the matter shall not be referred to the Civil Court under Sec. 30 of the Land Acquisition Act, 1894.

(2.) It is the case of the petitioner that he is the owner of the suit land appertaining to Hal Khata No. 128, Hal Plot Nos. 927/1575 and 928/1576, area Ac. 0.36 dec. and Ac. 0.75 dec. respectively of Mouza - Abankela, P.S. -Bhasma, Dist -Sundargarh. The petitioner filed Title Suit No. 26 of 2002 in the Court of learned Civil Judge (Sr. Division), Sundargarh for partition and allotment of 50% share in his favour in respect of the suit land covered under Khata No. 128. The suit was dismissed vide judgment and order dated 8.4.2005. The petitioner preferred an appeal in the Court of learned District Judge, Sundargarh which was registered as RFA No. 61 of 2005 challenging the judgment and order dated 8.4.2005 passed by the learned Civil Judge (Sr. Division), Sundargarh. The appeal was also dismissed for default on 5.9.2009 and an application for re -admission of appeal under Order 41 Rule 19 of CPC was filed before the learned District Judge, Sundargarh and the same was registered as C.M.A. No. 1 of 2010 which according to the petitioner is subjudice in the said Court.

(3.) Learned counsel for the petitioner Mr. Upendra Kumar Samal contended that when the petitioner has claimed the right, title and interest in respect of Khata No. 128 and the matter is subjudice in the Court of learned District Judge, Sundargarh in C.M.A. No. 1 of 2010 and an application was filed under Sec. 30 of the Land Acquisition Act, 1894 to refer the matter to the Civil Court, the Land Acquisition Officer had no other option except to refer the matter to the Court and therefore the impugned order dated 1.8.2015 in directing the payment of compensation as per the award register already prepared is illegal and without jurisdiction.