Disposed¶31

Harihar Ghughar v. State of Odisha

Orissa HC22 Jul 2025WP(C)/13027/2025

Case brief

AI extract

What is this about?

W.P.(C) 13027/2025, High Court of Orissa, Cuttack, decided 22.07.2025; Harihar Ghughar v. State of Orissa, Collector Jharsuguda, Land Acquisition Officer Jharsuguda; grievance: stay of disbursal of land acquisition compensation pending Civil Suit No. 210/2024 (title declaration via WILL dated 05.08.1993, Civil Judge (Senior Division) Jharsuguda); Vakalatnama of counsel verified; petition withdrawn at counsel's request, State raised no objection; disposed as withdrawn with liberty to pursue statutory remedy; Bench: K.R. Mohapatra and Savitri Ratho, JJ.; no statute or precedent cited; no quantum fixed.

What did the court decide?

Writ petition disposed of as withdrawn at counsel's prayer, with liberty to the petitioner to work out statutory remedy, if any available; urgent certified copy ordered on proper application. ¶31

Harihar Ghughar Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO. 13027 OF 2025

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Harihar Ghughar

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…. Petitioner

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Mr. Dakshyesh Darshan Naik, Advocate

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-versus-

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1. State of Orissa

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2. The Collector, Jharsuguda

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3. The Land Acquisition Officer, Jharsuguda

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…. Opp. Parties

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Mr. Sabita Ranjan Pattanaik, AGA

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

Order No.

ORDER 22.07.2025

This matter is taken up through hybrid mode.

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Mr. D.D. Naik, learned counsel for the petitioner submits he has power to argue this matter. He submits that although he has signed Vakalatnama but his name does not appear in the cause list or on the cover page of the brief.

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On verification of Vakalatnama, it appears that Mr. Naik, learned counsel for the petitioner has signed the Vakalatnama.

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The writ application has been filed seeking for the following reliefs:-

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“It is therefore prayed that your Lordship may graciously be pleased to consider the facts stated in the petition, issue notice to the Opposite Parties, call for the records and after hearing the parties, kindly direct the opposite parties, more particularly the Land acquisition Officer, Jharsuguda to consider the grievance of petitioner and not to disburse the compensation amounts to the

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beneficiaries till disposal of the Civil suit 210/2024 which is pending in the Court.

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And

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Pass such other order or orders as this Honourable court deems fit and proper

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And

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For this Act of kindness the petitioner shall as in duty bound ever pray.”

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It is submitted by Mr. Naik, learned counsel for the petitioner that the common ancestor had executed a WILL in favour of the petitioner in respect of the land which has been acquired. Thus, he has a share in the compensation for land acquisition. Civil Suit No. 210 of 2024 for declaration of right, title and interest on the basis of the WILL dated 5^th August, 1993 partition of the land in favour of the plaintiff-petitioner is pending in the court of the learned Civil Judge (Senior Division), Jharsuguda. Thus, a representation was filed before the Land Acquisition Officer to stop disbursement of the compensation amount till disposal of the suit. The same is pending for consideration. On the other hand, the Land Acquisition Officer is proceeding to disburse the compensation amount without considering the case of the petitioner. Hence, the petitioner finding no other alternative has filed this writ application.

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In course of hearing, Mr. D.D. Naik, learned counsel for the petitioner prays for withdrawal of the writ petition to avail the statutory remedy for protection of his right.

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Mr. Sabita Ranjan Pattanaik, learned Additional Government Advocate does not have any objection to the same.

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Page 2 of 3

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In view of the above, the writ petition is disposed of as withdrawn with an observation that the petitioner, if so advised, may work out statutory remedy, if any available.

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Urgent certified copy of this order be granted on proper application.

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(K.R. Mohapatra) Judge

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puspa

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(Savitri Ratho) Judge

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Signature Not Verified

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Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 22-Jul-2025 20:30:08

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Harihar Ghughar v. State of Odisha

Case brief

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Harihar Ghughar v. State of Odisha

Case brief

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