IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.36369 OF 2025 Jogeswar Patel …. Petitioner Mr. Soumya Mishra, Advocate -versus- National Highways Authority of India, Bhubaneswar and others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 02.02.2026 02. 1. This matter is taken up through hybrid mode. 2. Grievance of the Petitioner, in this writ petition, is with regard to inaction of the Competent Authority, Land Acquisition under the National Highways Act, 1956 (for brevity, ‘the Act’) in referring the matter to the Civil Court under Section 3-H (4) of the Act. 3. Mr. Mishra, learned counsel for the Petitioner submits that upon acquisition of the land of Dharmasing Sai for construction of bypass road over NH 26 and 57, Land Acquisition Case No.177 of 2015 was initiated on the file of the Competent Authority. The award under Section 3(G) of the Act was passed on 16th November, 2020. The Petitioner claiming a share in the compensation inadvertently filed LA (Arbitration) Case No.05 of 2025 under Section 3(G) (5) of the Act, which was dismissed vide order dated 30th January, 2025 holding it to be not maintainable and was communicated to the Petitioner vide Memo No.52 dated 6th February, 2025 (Annexure-6). The Petitioner had earlier filed a writ petition challenging the order of the Tahasildar-cum-Competent Authority Land Acquisition. However, the said writ petition was disposed of on 13th November, 2025 with a liberty to the Petitioner to file a fresh writ petition with better particulars. Accordingly, this writ petition has been filed. 4. Since the dispute relates to share in compensation for land acquisition, the Petitioner filed an application before the Tahasidlar- cum-Competent Authority Land Acquisition, Balangir to refer the matter to the Civil Court under Section 3-H (4) of the Act. 5. The case of the Petitioner is that the Tahasildar-cum- Competent Authority Land Acquisition, Balangir is not taking any step to refer the matter to the Civil Court. 5.1. This Court vide order dated 12th November, 2026 directed the learned State Counsel to take instruction in the matter. 6. Mr. Mishra, learned Additional Standing Counsel, on instruction, submits that the matter has already been referred to the Court of learned District and Sessions Judge, Balangir and has been registered as CMA No.42 of 2025 (Regd. CMA No.41 of 2025). The said case stands posted to 12th March, 2026 for further orders. 7. Mr. Mishra, learned Additional Standing Counsel, therefore, submits that Petitioner may appear and pursue the matter before the learned District and Sessions Judge, Balangir. 8. Mr.Soumya Mishra, learned counsel for the Petitioner submits that he will pursue the matter before the learned District Judge, Balangir in the aforesaid case. 9. In view of the above, this Court without expressing any opinion on the merits of the case of the Parties in CMA No.42 of 2025 (Regd. CMA No.41 of 2025) disposes of the writ petition with an observation that the Petitioner, if so advised, may pursue his case before the learned District Judge, Balangir in the aforesaid case. 10. Issue urgent certified copy of this order on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Himansu