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2026 DAILYLAW 2471 (ORI)

MENAKA MOHARANA v. STATE OF ODISHA

WP(C)/4275/2026 · 2026-02-27

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.4275 OF 2026 Menaka Moharana …. Petitioner Mr. Biplaba P.B. Bahali Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 27.02.2026 01. 1. This matter is taken up through hybrid mode. 2. Petitioner, in this writ petition, prays for restraining the Competent Authority Land Acquisition-cum-Tahasildar Sadar Cuttack (Opposite Party No.3) from disbursing the land acquisition compensation amount as per the notice dated 17thApril, 2025 for the land acquired for National Highway (Four Lane Green Field Highway Cuttack- Kandarpur, Economic Corridor) Project. 3. It is submitted by Mr. Bahali, learned counsel for the Petitioner that award under Section 3-G of the National Highways Act, 1956 (for brevity, ‘the Act’) has been passed in favour of the vendor of the Petitioner in L.A. Case No.01/23, though before publication of notice under Section 3-A of the Act, the Petitioner had purchased the land and was in possession over the same. 4. A civil suit is also pending against the legal heirs of the deceased vendor and an interim order of status quo is operating. p. 2 5. The said fact was brought to the notice of the Competent Authority, Land Acquisition (Opposite Party No.3). But instead of referring the matter to the Civil Court for adjudication, the Competent Authority, Land Acquisition (Opposite Party No.3) is bent upon to disburse the land acquisition compensation in favour of the legal heirs of the vendor. 6. In course of hearing Mr. Bahali, learned counsel for the petitioner prays for withdrawal of the writ petition to file a properly constituted application under Section 3-H (4) of the Act before the Competent Authority Land Acquisition-cum- Tahasildar, Cuttack Sadar (Opposite Party No.3) for referring the matter to the Civil Court for adjudication of the dispute. 7. In view of the above, writ petition is disposed of with an observation that in the event of the Petitioner files an application Under Section 3-A (4) of the Act, the same shall be considered in accordance with law. 8. Issue urgent certified copy of this order on proper application. (K.R. Mohapatra) Judge (S.K Mishra) Judge Sashikant Designation: Personal Assistant