IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.19968 of 2024 P.R. Rahul …. Petitioner Mr. Rabi Narayan Behera, Advocate -versus- State of Odisha & others …. Opp. Parties Mr. Manmaya Kuamr Dash, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 10.03.2026 06. 1. This matter is taken up through hybrid mode. 2. Petitioner in this Writ Petition prays for the following relief:- “It is therefore prayed that this Hon'ble Court be graciously pleased to issue Rule NISI, calling upon the Opp. parties to show cause as to why the impugned order dt. 10.5.2023 passed by the learned Collector which is communicated to the petitioner vide letter dt. 11.7.2023 under Annexure-8 shall not be set aside and why the Opp. parties shall not be directed to pay compensation to the petitioner since his stitiban land has been acquired for Rengali Right Canal System, Dhenkanal by O.P.No.4 where construction work has been done and in the event the Opp. parties fail to show cause or show insufficient or false cause make the Rule NISI absolute; p. 2 And may further be pleased to pass any other order(s), direction(s) as deem fit and proper to this Hon'ble Court; And for this act of kindness, the petitioner as in duty bound, shall ever pray.” 3. Mr. Behera, learned counsel for the Petitioner submits that the Collector, Cuttack vide order dated 10th May, 2023 (Annexure-8) refused to entertain the prayer of the Petitioner for grant of compensation in respect of the land acquired. Hence, the Petitioner has prayed for setting aside the said order and pay adequate compensation for acquisition of his land for Rengali Right Canal System, Dhenkanal. 4. Counter Affidavit has been filed making an averment as under: “Accordingly, the Executive Engineer, Rengali Right Canal Division No. VII. Chandikhole submitted withdrawal proposal along with all relevant documents vide his office Letter No. 767/WE dtd. 09.10.2018 for withdrawal of Ac. 6.641 private land recorded as Jungle Kisam of village-Rajaballavpur including the land of the petitioner. On the basis of withdrawal proposal, the Govt. in Revenue & D.M. Deptt., Odisha have withdrawn the same land vide Withdrawal Notification No.4392/RRCS-CTC dtd. 09.11.2018 u/s-93(1) of RFCTLAR&R Act. 2013. According to that withdrawal notification, petitioner's land has been withdrawn. Copy of Gazette Notification No.855 dtd. 02.06.2018, Copy of the Department Letter No. 26041/WR dtd. 05.10.2018, Copy of Withdrawal Proposal of Executive Engineer, Rengali Right Canal Division office Letter No. 767/WE dtd. 09.10.2018 and Withdrawal Notification No.4392/RRCS-CTC dtd. 09.11.2018 u/s-93(1) of LA. Act. 2013 are annexed herewith as Annexure-A/4, p. 3 Annexure-B/4, Annexure-C/4 and Annexure-D/4 respectively.” 5. Mr. Behera, learned counsel for the Petitioner, therefore, submits that in view of the Counter Affidavit, the grievance of the Petitioner no more subsists. He, however, submits that if any cause of action arose in future with regard to the acquisition of the said land, he should be granted liberty to redress his grievance before the appropriate forum/Court. 6. Mr. Dash, learned Additional Standing Counsel does not have any objection to such prayer. 7. In view of the above, the Writ Petition is disposed of as infructuous with an observation that if any fresh cause of action arose in future with regard to acquisition of the land involved in the present Writ Petition, the Petitioner may, if so advised, redress his grievance before the appropriate forum/Court. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Kanhu Location: High Court of Orissa, Cuttack.