IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 33578 OF 2025 Mubarak Ansari …. Petitioner Mr. B. Rout, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Sibanarayan Biswal, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 02.12.2025 01. 1. This matter is taken up through hybrid mode. 2. Petitioner in this writ petition seeks to assail the eviction notice dated 26th September, 2025 (Annexure-1) issued by the competent Authority, Land Acquisition Department, Sundargarh Collectorate, as the property in mouza Gudagudajora under Khata No.77/580 in Sundargarh district has been acquired for a railway project. 3. Mr. Rout, learned counsel for the Petitioner submits that the land in question stood recorded in the name of Opposite Party Nos. 5 to 8. The Petitioner having encroached upon the land in question has constructed a residential house and residing therein with his family since long. The Petitioner was not served with any notice of land acquisition. However, notice No.874 dated 31st October, 2025 (Annexure-1) was issued by the competent Authority, Land Acquisition Department, Sundargarh Collectorate directing him to vacate the land within a period of sixty days. It is also stated that the compensation amount with regard to land and structure has been deposited before the learned Civil Judge (Senior Division), Sundargarh. Thus, apprehending eviction, the Petitioner has filed the present writ petition. 4. Mr. Biswal, learned ASC submits that the writ petition is misconceived. The Petitioner is an encroached and has no semblance of right on the compensation amount. Since the compensation with regard to land and structure thereon is deposited before the learned Civil Judge (Senior Division), Sundargarh in a reference, it is open to the Petitioner to avail the remedy before the said Court. He, therefore, prays for dismissal of the writ petition. 5. Taking note of the submissions of learned counsel for the parties, this Court finds that the Petitioner being an encroacher received the notice for eviction of the land in question within sixty days from the date of receipt of such notice. Without availing the remedy before the Civil Court, this writ petition has been filed. The relief claimed cannot be granted in a writ petition more particularly when, the matter is stated to be pending before the Civil Judge (Senior Division), Sundargarh in a reference. 6. In that view of the matter, the writ petition is disposed of with an observation that the Petitioner, if so advised, may avail the remedy before learned Civil Judge (Senior Division), Sundargarh in accordance with law. (K.R. Mohapatra) Judge (Savitri Ratho) Subhalaxmi Judge SAHOO