JUDGMENT :

S.K. Sahoo, J.

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 section 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.

It is the further case of the petitioner that during the pendency of C.M.A. No.1 of 2010, the Land Acquisition Officer, Sundargarh issued notification dated 28.12.2011 under section 4(1) read with section 17(4) of Land Acquisition Act, 1894 for acquisition of the suit land under Khata No.128 and Plot Nos.927/1575 and 928/1576 for construction of bridge over river IB. It is his further case that since RFA No.61 of 2005 was pending in the Court of learned District Judge, Sundargarh, he filed an application before the Land Acquisition Officer not to pass any award in respect of the acquired land and not to disburse the award to the parties till disposal of the appeal. As the land Acquisition Officer did not entertain the application filed by the petitioner, the petitioner approached this Court in W.P.(C) No.16492 of 2013 with a prayer to prohibit the Land Acquisition Officer from passing any award and not to disburse the award to the parties till disposal of the appeal which was pending before the learned District Judge, Sundargarh. The said writ application was disposed of with the following directions on 05.12.2013:-

“This petition seeks direction to the Land Acquisition Officer-Opposite party no.3 not to pass any award till disposal of the appeal pending before the District Judge, Sundargarh.

Without expressing any opinion on merits, we dispose of the writ petition with an observation that if the petitioner makes an application before the District Judge, Sundargarh within two weeks from today, the same shall be disposed of by the District Judge, Sundargarh in accordance with law within two weeks thereafter”.

It is the further case of the petitioner that he filed an application under section 30 of the Land Acquisition Act, 1894 with a prayer to refer the matter to the Civil Court as C.M.A. No.01 of 2010 is pending in the Court of learned District Judge, Sundargarh for disposal. It is the case of the writ petitioner that since the petitioner had submitted documents showing the pendency of C.M.A. No.1 of 2010 in the Court of learned District Judge, Sundargarh, it was illegal and improper on the part of the Land Acquisition Officer, Sundargarh to direct payment of compensation in respect of Khata No.128 of village Abankela as per award register already prepared.

3. Learned counsel for the petitioner