Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.30692 OF 2022
Babuli Behera and others …. Petitioners Mr. Shivsankar Mohanty, Advocate
-versus- Union of India and others …. Opp. Parties
Mr. Bhabani Shankar Rayaguru, Senior Panel Counsel (For Opp. Party No.1) Mr. Sabita Ranjan Pattnaik, Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 30.07.2025
04. 1. This matter is taken up through hybrid mode. 2. This matter is listed in the Special Cause List prepared for the purpose of Special Mediation Drive-Mediation ‘For the Nation’. 3. Petitioners in this writ petition pray for the following relief:
“ It is therefore most respectfully prayed that, this Hon'ble Court would graciously be pleased to; I. issue notice to the opposite parties and call for the records; II. issue an appropriate Writ in the nature of Mandamus and quash the Notification No. S.O. 3007 (E), dated 01.07.2022 (ANNEXURE- 1) issued by the opposite party No. 1. III. quash the order dated 17.10.2022 (ANNEXURE- 10) passed under the Chairmanship of the Tahasildar-cum- Competent Authority Land Acquisition Gop in the Proceeding of Section 3(C) of the NHAI, ACT. Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Jul-2025 10:37:21 Signature Not Verified
IV. If the opposite parties fail to show cause or insufficient cause this Hon'ble Court may please to make the rule absolute and direct to follow due process of law and re-publish the Section 3(A) Notification for construction of new national from Rameswar-Ratanpur (BHARATMALA) Green Field Highway of NHAI Project of Gop, Tahasil. V. And may pass such further order/orders which this Hon'ble Court may deem fit and proper. And for this act of kindness, the Petitioner shall as in duty bound ever pray.”
4. Mr. Mohanty, learned counsel for the Petitioners submits that in view of the dispute involved in this writ petition, interest of justice will be best served if the Petitioners move the National Green Tribunal for redressal of their grievances. Hence, he prays for withdrawal of the writ petition seeking the liberty, as aforesaid. 5. A memo in support of his submission is filed in Court today, which is taken on record. 6. Mr. Rayguru, learned Senior Panel Counsel appearing for Opposite Party No.1 does not have any objection to the same. 7. In view of the submission made by learned counsel for the Petitioners, this Court without expressing any opinion on the merit of such submission, disposes of this writ petition as withdrawn with an observation that the Petitioners may avail the remedy before the National Green Tribunal, if permissible under law.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Rojalin
Judge Designation: JUNIOR STENOGRAPHER