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By the Bench
1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. The Petitioners in this writ petition seek to challenge the
order dated 16th July, 2022 under Annexure-10 passed by the
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learned Civil Judge (Senior Division), Nuapada in CMA No.140 of
2017 and further prays for a direction to allow the petition for
restoration of LAR Case No.05 of 2010 (inadvertently typed as
CMA No.140 of 2017 in the prayer portion of the writ petition filed
under Section 151 of CPC).
3. Mr. D. Mund, learned counsel for the Petitioners submits that
the predecessors of the Petitioners, namely, Anata Ram Sagaria and
Rameswar Sagaria were the recorded owners of the land acquired.
Compensation was awarded under Section 11 of the Land
Acquisition Act, 1894 (for brevity ‘the Act’). Being not satisfied
with the quantum of award, they filed an application under
Annexure-2 to refer the matter to the civil Court. Accordingly, the
Special Land Acquisition Officer-cum-Collector, Land Acquisition,
Lower Indra Irrigation Project, Khariar (Opposite Party No.2)
referred the matter to the Court of learned Civil Judge (Senior
Division), Nuapada under Section 18 of the Act. The said reference
was registered as LAR Case No.05 of 2010.
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