Jitendra Duria vs State Of Odisha
2025 Latest Caselaw 2419 Ori

Orissa High Court

Jitendra Duria vs State Of Odisha on 5 August, 2025

Bench: K.R. Mohapatra, Savitri Ratho

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No. 10891 of 2025

1. Jitendra Duria
2. Jasoda Duria
3. Kalpana Duria                        .....                         Petitioners
                                              Mr. Akshaya Kumar Sahoo, Advocate

                                      -versus-

1. State of Odisha, Represented
through the Commissioner -Cum-
Secretary, Department of Revenue &
Disaster Management,Bhubaneswar
2. Director (R & R) & Ex-Officio
Additional Secretary to Government,
Department of Water Resources,
Bhubaneswar
3. Special Land Acquisition Officer,
Lower Indra Irrigation Project,
Khariar, Nuapada                     .....                               Opp. Parties
                                                 Mr. Sabita Ranjan Pattnaik, A.G.A.
            CORAM:
                  JUSTICE K.R. MOHAPATRA
                  JUSTICE SAVITRI RATHO

                                            ORDER

05.08.2025 Order No.

1. This matter is taken up through hybrid mode.

04.

2. Petitioners in this writ petition prays for a direction to release 50% of the enhanced awarded amount of compensation pursuant to the judgment dated 27th February, 2024 passed by learned Civil Judge (Senior Division), Nuapada in LAR No. 18 of 2021 in a reference under Section 18 of the Land Acquisition Act, 1894 (for brevity of the Act).

3. In course of hearing, Mr. Akshaya Kumar Sahoo, learned

counsel for the Petitioner submits that since the reference was under

Section 18 of the Act, learned Civil Judge could not have passed an order with regard to apportionment of the compensation. He therefore prays for withdrawal of the writ petition to avail remedy in common law forum claiming 50% of the compensation.

4. In view of such submission, the Writ Petition is disposed of as withdrawn.

(K.R. Mohapatra) Judge

(Savitri Ratho) Judge

Sukanta

Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer

Location: Orissa High Court, Cuttack Date: 05-Aug-2025 19:32:27