Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 37166 of 2025
Jayamala Nayak and Others …. Petitioners Mr. A. C. Behera, Advocate
-versus- State of Odisha and others …. Opp. Parties Mr. Manmaya Kumar Das, ASC
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 06.01.2026
02.
1. This matter is taken up through hybrid mode.
2. The grievance of the Petitioners in the writ petition relates to allotment of land in lieu of acquisition of their land along with the structures standing thereon.
3. During the course of hearing, Mr. Behera, learned counsel for the Petitioners, submits that the Collector and District Magistrate, Khordha, vide order dated 24.10.2025 (Annexure-6), rejected the Petitioners’ application seeking allotment of suitable land at village-Gadakana under Bhubaneswar Tahasil in the district of Khordha, consequent upon acquisition of their land. It is contended that adequate Government land is available at village-Gadakana. But, the Petitioners’ prayer for allotment of such Government land has been declined.
Learned counsel further submits that since the land of the Petitioners has been acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “the
Act”), the Petitioners have an alternative statutory remedy under Section 64 of the Act for redressal of their grievance relating to rehabilitation and resettlement. He, therefore, seeks permission to withdraw the writ petition with liberty to avail the said remedy.
4. Mr. Das, learned Additional Government Advocate, raises no objection to the same and submits that in the event such an application is filed, the same shall be considered in accordance with law.
5. In view of the above submissions, the writ petition is
disposed of as withdrawn, with an observation that if the Petitioners file an application within a period of fifteen (15) days before the Collector and District Magistrate, Khordha under Section 64 of the Act, the same shall be considered in accordance with law, after affording the Petitioners an opportunity of hearing.
(K.R. Mohapatra)
Judge
(Chittaranjan Dash)
Judge
AKPradhan
Designation: Senior Stenographer