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2026 DAILYLAW 23005 (ORI)

SUMITRA PATEL v. LAXMIPRIYA PATEL

WP(C)/11191/2026 · 2026-06-30

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No.11191 of 2026 Sumitra Patel …. Petitioner Ms. Mausm Priyadarsani Behera, Advocate -versus- Laxmipriya Patel and Others …. Opposite Parties Mr. Siba Narayan Biswal (Additional Standing Counsel) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 30.06.2026 04. 1. This matter is taken up through hybrid mode. 2. Petitioner, in this writ petition, prays for the following relief:- “In light of the facts and circumstances mentioned above, the petitioner respectfully prays that this Hon'ble Court may graciously be pleased to admit this Writ Petition and be further pleased to direct the learned Civil Judge Sr. Division, Sundargarh to dispose of the application under Section 33 of the L.A. Act, 1894 of the petitioner as well as the L.A. Reference Case No.31 of 2015 under Section 30 of the L.A. Act, 1894 as expeditiously as possible and preferably within a period of six month. And pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. And for this act of kindness the petitioners shall as in duty bound ever pray.” 3. Taking into consideration the submissions made by learned counsel for the parties, this Court vide order dated 22nd April, 2026 directed learned Civil Judge (Senior Division), Sundargarh to submit a report with regard to the status of the LA Reference Case No.31 of 2015 initiated under Section 30 of the Land Acquisition Act, 1894 (for brevity, ‘the Act’). 4. Upon hearing learned counsel for the Petitioner and on perusal of the report of the learned Civil Judge (Senior Division), Sundergarh, communicated to this Court vide Letter No.349 dated 11th May, 2026, it reveals that in the meantime petition under Section 33 of the Land Acquisition Act has already been disposed of. But at present, the reference is posted for hearing of two petitions, i.e., petition dated 21st June, 2024 and 22nd November, 2024. Since no objection was filed, the petitions were posted to 21st April, 2026. But on that date also no objection was filed to the said petition. Accordingly, the case was posted to 11th May, 2026. On the said date also no objection was filed. Thus, as a last chance, the reference was posted to 18th May, 2026 for filing of objection failing which it was directed that both the petitions would be disposed of in accordance with law. 5. In view of the above, this Court feels that both the petitions might have been disposed of by now. Since the reference is of the year 2015, this Court directs that the learned Civil Judge (Senior Division), Sundergarh should take care to dispose of the reference at the earliest. If the petitions, as stated above, are not disposed of till date, the same shall be disposed of as expeditiously as possible, preferably within a period of seven (7) days from the date of production of certified copy of this order and steps shall be taken for disposal of the reference, as expeditiously as possible, preferably by end of November, 2026. 6. With the aforesaid observations and directions, the writ petition is disposed of. 7. Issue urgent certified copy of this order on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Himansu