IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4774 of 2026 Sahadev Gouda …. Petitioner Mr. Krushna Chandra Dash, Advocate -versus- Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada …. Opp. Party Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 27.04.2026 03. 1. This matter is taken up through hybrid mode. 2. Petitioner in this writ petition seeks to set aside the order dated 29.06.2023 (Annexure-1) passed by learned Civil Judge (Senior Division), Nuapada in LAR Case No.06 of 2021, whereby it dropped a reference under Section-18 of the Land Acquisition Act, 1894 (for brevity, ‘the Act’) for non supply of original documents by the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar. 3. Mr. Dash, learned Counsel for the Petitioner submits that not being satisfied with the award under Section-11 of the Act, the Petitioner filed an application for enhancement of the compensation. Accordingly, the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar- Opposite Party referred the matter to the Court of learned p. 2 Civil Judge (Senior Division), Nuapada, which was registered as LAR No.6 of 2021. 4. The matter was taken up on 29.06.2023 and learned Civil Judge (Senior Division), Nuapada recording that the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar has not supplied original documents of the case for adjudication in spite of several requests, dropped the reference. 5. Mr. Dash, learned Counsel for the Petitioner submits that a reference under Section-18 of the Act could not have been dropped for non-supply of the original documents by the Special Land Acquisition Officer. Further, non-appearance of the Petitioner cannot be a ground to drop a reference. 5.1. The Civil Court has to take a decision on merit on the materials available on record. That having not been done, learned Civil Judge (Senior Division), Nuapada failed to exercise its jurisdiction vested in him. Hence, he prays for setting aside the impugned order under Annexure-1 and remit the matter to the learned Civil Judge (Senior Division), Nuapada to adjudicate the reference afresh giving opportunity of hearing to the parties concerned. 6. Mr. Mishra, learned Additional Standing Counsel on instruction submits that if an opportunity is given, the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar shall produce the original records of the concerned Land Acquisition case before the learned Civil Judge (Senior Division), Nuapada for adjudication of the reference afresh. Page 3 of 4 7. Heard learned Counsel for the parties. Perused the materials on record. 8. It appears that the impugned order dated 29.06.2023 under Annexure-1 was passed by learned Civil Judge (Senior Division), Nuapada, by dropping the reference on the ground that the Special Land Acquisition Officer could not produce the original documents and none represented the Petitioner. 9. A reference made under Section-18 of the Act could not have been dropped on the aforesaid two grounds. As such learned Civil Judge (Senior Division), Nuapada committed an error in not exercising jurisdiction vested in him by not entertaining and answering the reference on merit. 10. Accordingly, the impugned order dated 29.06.2023 under Annexure-1 is set aside and the matter is remitted back to the learned Civil Judge (Senior Division), Nuapada for fresh adjudication of LAR No.6 of 2021 (under Section 18 of the Act) giving opportunity of hearing to the parties concerned. 11. The Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar shall produce the original records concerning the Land Acquisition Case as expeditiously as possible preferably within a period of three weeks hence and upon receipt of the same, learned Civil Judge (Senior Division), Nuapada shall proceed with the matter in accordance with law. 12. To avoid further delay in disposal of the reference under Section-18 of the Act, the parties are directed to appear before the learned Civil Judge (Senior Division), Nuapada on 20.05.2026 to receive further instruction in the matter. Page 4 of 4 13. Learned Counsel for the parties are directed to intimate their respective parties to appear before the learned Civil Judge (Senior Division), Nuapada on the date fixed and cooperate with the Court for early disposal of the reference. 14. The writ petition is disposed of accordingly. 15. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Banita Designation: SR. STENOGRAPHER