IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.35258 OF 2025 Jagabandhu Chinda …. Petitioner Mr. Krushna Chandra Dash, Advocate -versus- Special Land Acquisition Officer, Lower Indra Irrigation, Khariar …. Opposite Party Mr. Siba Narayan Biswal, ASC CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 12.01.2026 02. 1. This matter is taken up through hybrid mode. 2. This writ petition has been filed assailing the order dated 04.07.2023 (Annexure-1) passed by the learned Civil Judge, Senior Division, Nuapada in LAR No.4 of 2021, whereby he dropped the reference under section 18 of the Land Acquisition Act, 1894 (for brevity ‘the Act’) for non supply of documents by the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar. 3. Mr. Dash, learned Counsel for the Petitioner submits that the Petitioner being not satisfied with the quantum of compensation awarded under section 11 of the Act, made an application to refer the matter to the competent Civil Court under section 18 of the Act. Accordingly, the matter was referred to learned Civil Judge, Senior Division, Nuapada and was registered as LAR No.4 of 2021. 4. Inspite of repeated direction of learned Civil Judge, the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar did not produce the relevant documents for adjudication of the reference. 5. Hence, learned Civil Judge vide order dated 04.07.2023 holding that the case is lingering since 2021 for supply of original documents and the Special Land Acquisition Officer failed to produce the same, dropped the reference. 6. It is submitted that for want of documents, learned Civil Judge, Senior Division, Nuapada could not have dropped the reference. He was required to answer the reference on the materials available on record. 7. Thus, learned Civil Judge, Senior Division, Nuapada committed an error of law in dropping the reference. He therefore prays for setting aside the order dated 04.07.2023 (Annexure-1) and remit the matter to learned Civil Judge, Senior Division, Nuapada for fresh adjudication of the reference. 8. The matter was listed on 24.12.2025, on which date learned State Counsel sought for an adjournment to take detailed instruction in the matter. On instruction, Mr. Biswal, learned Additional Standing Counsel submits that the documents as required by learned Civil Judge, had already been supplied on 20.10.2022. But without verifying the same, learned Civil Judge, Senior Division, Nuapada dropped the reference. 9. He however submits that learned Civil Judge Senior Division, Nuapada could not have dropped the reference without answering it on the materials available on record. 10. Taking note of the submission made by learned Counsel for the Parties, this Court finds that learned Civil Judge (Senior Division), Nuapada without making any endeavour to answer the reference on merit on the basis of the materials available on record most illegally dropped the same, which is not sustainable in the eye of law. Accordingly, the order under Annexure-1 is set aside and this Court without expressing any opinion on merit of the case, disposes of the writ petition directing learned Civil Judge, Senior Division, Nuapada to adjudicate LAR No.4 of 2021 (referred under section 18 of the Act) on merit as expeditiously as possible preferably within six months from the date of production of certified copy of this order providing opportunity of hearing to the parties concerned. 11. Mr. Dash, learned Counsel for the Petitioner submits that he shall appear before learned Civil Judge, Senior Division, Nuapada on 2nd February, 2026 along with the certified copy of this order. 12. Thus it is directed that learned Civil Judge, Senior Division, Nuapada shall proceed with the matter on receipt of the certified copy of the order and adjudicate LAR No.4 of 2021 on its own merit giving opportunity of hearing to the parties concerned. 13. The parties shall cooperate with learned Civil Judge, Senior Division, Nuapada for early adjudication of the reference. (K.R. Mohapatra) Judge (S.K. Mishra) Banita Judge Designation: SR. STENOGRAPHER