BHOLESWAR SAHU vs STATE OF ODISHA

Court
Odisha High Court
Case type
WP(C)-Writ Petition under Art.226 and 227.
Decided on
16-03-2026

IN THE HIGH COURT OF ORISSA AT CUTTACK


W.P.(C) No. 312 OF 2026


(An application under Articles 226 & 227 of the Constitution of India)

*





1. Bholeswar Sahu
2. Gagan Bihari Sahu
3. Ghanashyam Sahu
4. Kishore Chandra Sahu
5. Muralidhar Sahu …… Petitioners


-Versus-


1. State of Odisha, represented through
Its Commissioner-cum-Secretary,
Revenue & Disaster Management Department,
At-LoksevaBhawan, Bhubaneswar
2. Tahsildar-Cum-Competent Authority,
Land Acquisition Officer, CALA, Deogarh,
National Highway Authority
3. National Highway Authority of India,
Represented through its Project Director, Project
Implementation Unit, Keonjhar, NH-06(49)
4. Debananda Pradhan, aged about-70 years,
S/o-Late Mochiram Pradhan,
At/Po-Purunagarh, P.s/Dist-Deogarh
5. Khirodini Swain , aged about 65 years,
W/o-Debendra Swain, D/o-Late Mochiram Pradhan,
At-Kakharumal, Po-Maleipada,
Ps-Reamal, Dist-Deogarh

Opp. Parties
.…..




Advocates appeared :



For Petitioners : Mr. Akshaya Kumar Sahoo,
Advocate





W.P.(C) No. 312 OF 2026
Page 1 of 6

For Opp. Parties : Mr. Bibekananda Nayak,
(Additional Government Advocate)
Mr. Akash Acharya, Advocate
(For Opposite Party No.3-NHAI)
Mr. Swapnil Ray, Advocate
(For Opposite Party Nos. 4 and 5)



CORAM :

MR. JUSTICE K.R. MOHAPATRA

MR. JUSTICE SANJAY KUMAR MISHRA

----------------------------------------------------
Heard and disposed of on 16.03.2026
----------------------------------------------------

JUDGMENT

By the Bench;


1. This matter is taken up through hybrid mode.
2. The Petitioners in this writ petition pray for a direction to
set aside order dated 02.12.2025 passed by a Competent
Authority for Land Acquisition (CALA)-cum-Tahasildar,
Deogarh. They further pray for a direction to the Tahasildar,
Deogarh, to consider their application (Annexure-2) to refer the
matter to the learned Principal Civil Court - cum-District Judge,
Deogarh, under Section 3 (H) (4) of the National Highways Act,
1956 (for brevity, ‘the Act’).
3. Mr. Sahoo, learned Counsel for the Petitioners, submits
that a land acquisition proceeding in LA Case No.12 of 2021
was initiated by the CALA, Deogarh, for land acquisition of land
for expansion of NH 6 (49). An award under Section 3(G) was
also passed.
4. Since there was a dispute regarding the apportionment of
the land acquisition compensation awarded under Section 3(G)
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of the Act, the Opposite Party Nos.4 & 5 filed an application
before the CALA, Deogarh for referring the matter to the
competent Principal Civil Court for adjudication. Accordingly,
the matter was referred to the learned Principal Civil Court-cum-
District Judge, Deogarh for apportionment of the compensation.
The LA reference was registered as LA Reference Case No.5 of
2022 on his file.
5. Instead of deciding the matter on merit, the reference was
allowed to be withdrawn on the basis of a memo stated to have
been filed by the CALA, Deogarh. A copy of the said memo was
not served on the parties, including the Petitioners and Opposite
Party Nos.4 & 5. When the Petitioners and Opposite Party Nos.
4 and 5 came to know about withdrawal of the reference, they
filed an objection before the CALA, Deogarh for referring the
matter afresh to the learned Principal Civil Court for
apportionment of the compensation. The said application was
not considered.
6. Hence, the Opposite Party Nos.4 and 5 approached this
Court in W.P.(C) No.21485 of 2024. The said writ petition was
disposed of by this Court, vide order dated 05.09.2024, with a
direction to the CALA-cum-Tahasildar, Deogarh to consider the
joint objection filed by the Petitioners and Opposite Party Nos.4
and 5 in accordance with law within a period of three months
from the date of production of a certified copy of the said order.
7. Pursuant to such direction, the impugned order dated
02.12.2025, has been passed by the CALA-cum-Tahasildar,
Deogarh - Opposite Party No.2, wherein it was directed to the
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parties to produce a stay order relating to the land in question
within 30 days, failing which the compensation would be
disbursed in equal five shares to the legal heirs of the recorded
tenants as per Column No.2 of the ROR. Thus, being aggrieved,
the Petitioners have filed the present writ petition.
8. It is further submitted by Mr. Sahoo, learned counsel for
the Petitioners, that the CALA-cum-Tahasildar, Deogarh
(Opposite Party No.2), could not have withdrawn the reference.
Once a matter is referred to the learned Principal Civil Court, it
should have been adjudicated on its merits, providing
opportunity of hearing to the parties concerned. The learned
District Judge also miserably failed to exercise the jurisdiction
vested in him. He most illegally allowed the prayer for
withdrawal of the reference, which is per se illegal and not
sustainable. Due to such illegal action of the District Judge,
Deogarh, the parties are facing immense difficulties and
approaching several Courts for redressal of their grievances.
Hence, this writ petition has been filed for the aforesaid relief.
9. Mr. Ray, learned Counsel for Opposite Party Nos.4 and
5, also acknowledges the submission made by Mr. Sahoo,
learned Counsel for the Petitioners. It is his submission that once
a matter is referred to the learned Principal Civil Court -cum-
District Judge, Deogarh and registered as a L.A. Reference Case
No.5 of 2022, the same should have been adjudicated on its
merits, providing opportunity of hearing to the parties
concerned. The learned District Judge, by allowing the
withdrawal of the reference, miserably failed to exercise the
jurisdiction vested in him. Hence, he also prays for setting aside
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the order dated 17.05.2023 passed by the learned District Judge-
cum-Principal, Civil Court, Deogarh in L.A. Reference Case
No.5 of 2022 (Annexure-5), so also the order dated 02.12.2025
passed by the CALA-cum-Tahasildar, Deogarh in L.A. Case
No.12 of 2021 and for referring the matter to the learned
Principal Civil Court for adjudication of the reference.
10. Mr. Acharya, learned counsel for the National Highways
Authority submits that he has not received any instruction in the
matter as yet.
11. Taking note of the submissions made by the learned
counsel for the parties, this Court is surprised to note that the
learned District Judge-cum-Principal Civil Court, Deogarh on
the basis of a memo filed by the learned counsel appearing for
CALA-cum-Tahasildar, Deogarh allowed withdrawal of the
L.A. Reference Case No.5 of 2022.
12. Once a matter is referred under Section 3-H(4) of the Act
to the learned Principal Civil Court for answering a reference,
the same has to be adjudicated on merit. The same could not
have been allowed to be withdrawn by the learned District
Judge-cum-Principal Civil Court, Deogarh. It is submitted by
Mr. Sahoo, learned counsel for the Petitioners that although the
Petitioners sought for certified copy of the so called Memo filed
by the CALA, their application was not allowed.
13. As such, the order dated 17.05.2023 passed by the
learned District Judge-cum-Principal Civil Court, Deogarh in
L.A. Reference Case No.5 of 2022 (Annexure 5) is per se illegal
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and is accordingly set aside. Any action taken/order passed,
either by the CALA-cum-Tahasildar, Deogarh or any authority,
including the order dated 02.12.2025, passed by the CALA-cum-
Tahasildar, Deogarh in L.A. Case No.12 of 2021 under
Annexure-2 are illegal and are set aside accordingly.
14. Learned District Judge-cum-Principal Civil Court,
Deogarh is directed to restore L.A. Reference Case No.5 of 2022
to its file and adjudicate the same on its own merits, giving
opportunity of hearing to the parties concerned.
15. The learned District Judge-cum-Principal Civil Court,
Deogarh shall act upon production of certified copy of this
order.
16. With the aforesaid observation and direction, the writ
petition is disposed of. In the facts and circumstances of the case
there shall be no order as to costs.
Urgent certified copy shall be granted as per Rules.

(K.R. Mohapatra)
Judge

(S.K. Mishra)
Judge


Orissa High Court, Cuttack,
th
Dated 16 March, 2026/Mona
Signature Not Verified
Digitally Signed
Signed by: MONALISA SWAIN
Reason: Authentication
Location: OHC
Date: 17-Mar-2026 15:26:40
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