Banaja Mohanty Vs State of Odisha

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Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 31-Jul-2025 10:44:34

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). NO.4148 OF 2025

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(An application under Article 226 of the Constitution of India) *****

Banaja Mohanty

…… Petitioner

-Versus-

1. State of Odisha, Department of Revenue & Disaster Management, Odisha Secretariat, Bhubaneswar

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2. Land Acquisition Officer, Jagatsinghpur

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3. Executive Engineer, Mahanadi South Division, Cuttack

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….. Opp. Parties

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4. Ajaya Kumar Mohanty

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5. Aruna Kumar Mohanty

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.…… Proforma Opp. Parties

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Advocates appeared:

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For Petitioner : Ms. Namita Pattnaik, Advocate

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For Opp. Parties : Mr. Sabita Ranjan Pattnaik, Additional Government Advocate (For Opp. Party Nos.1 to 3)

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CORAM :

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MR. JUSTICE K.R. MOHAPATRA MISS JUSTICE SAVITRI RATHO

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-----------------------------------------------Heard and disposed of on 14.07.2025 ----------------------------------------------

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JUDGMENT

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By the Bench;

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1. This matter is taken up through hybrid mode.

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Page 1 of 6

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 31-Jul-2025 10:44:34

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2. The grievance of the Petitioner in this writ petition is with regard to answering the reference by learned Civil Judge, (Senior Division), Jagatsinghpur in LA Misc. Case No.353 of 2004 without complying with provision under Section 20 of the Land Acquisition Act, 1894 (for brevity ‘the Act’).

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3. Ms. Pattnaik, learned counsel for the Petitioner submits that the award for compensation was passed by the Land Acquisition Officer-cum-Collector, Jagatsinghpur on 20^th April, 2002 in L.A Case No.05 of 2000. Rabindra Nath Mohanty, the father in law of the Petitioner filed a petition under Section 18 of the Act to refer the matter to the concerned Civil Court for enhancement of compensation. The reference was registered as LA Misc. Case No.353 of 2004 on the file of learned Civil Judge, (Senior Division), Jagatsighpur.

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4. It is her submission that learned Civil Judge, (Senior Division), Jagatsinghpur, upon receipt of the reference, was required to issue notice to the parties under Section 20 of the Act for hearing. Although notices were directed to be issued vide order dated 24^th August, 2013, the said reference was adjourned to different dates awaiting SR. Order sheet in L.A. Misc. Case No. 353 of 2004 (Annexure-1) discloses that notices were never served on Rabindra Nath Mohanty, the Petitioner therein. But, learned Civil Judge, (Senior Division), Jagatsinghpur took up the matter on 8^th April, 2022 for hearing and passed the order (Annexure-2) confirming the award passed under Section 11 of the Act. Assailing the said order, the Petitioner has filed the present writ petition.

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Page 2 of 6

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 31-Jul-2025 10:44:34

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5. Ms. Pattnaik, learned counsel for the Petitioner relied upon the case law in Neelagangabai and another Vrs. State of Karnataka and others; 1990 AIR SC 1321, State of Mizoram Vrs. Biakchhawana; 1995 SCC (1) 156 and Rajmani Vrs. The Collector, Raipur; 1996 (5) SCC 701 and submits that noncompliance of the provision under Section 20 of the Act vitiates the order passed under Section 18 of the Act. By confirming the award under Section of 11 of the Act without providing an opportunity to the Petitioner therein to put forth his case, learned Civil Judge prevented him to exercise his statutory right under Section 18 of the Act for higher compensation for acquisition of her land. Thus, the impugned order is not sustainable and is liable to be set aside.

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6. Mr. Pattnaik, learned AGA fairly submits that the case law relied upon by learned counsel for the Petitioner squarely applies to the case in hand. For non-compliance of Section 20 of the Act, the order passed under Section 18 of the Act in LA Misc. Case No.353 of 2004 is vitiated. Hence, he submits that the matter should be remitted to learned Civil Judge, (Senior Division), Jagatsinghpur for fresh adjudication of the reference providing opportunity of hearing to the parties concerned.

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7. Considering the rival contentions of the parties, this Court feels that before examining the veracity of the submission made by Ms. Pattnaik, learned counsel for the Petitioner, a close reading of Section 20 of the Act is necessary, which is reproduced below for ready reference:

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“20. Service of notice

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The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and

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Page 3 of 6

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Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 31-Jul-2025 10:44:34

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directing their appearance before the Court on that day, to be served on the following persons, namely:

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(a) the applicant;

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(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and

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(c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector.”

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8. On a reading of the said provision, it is apparent that upon receipt of the petition under Section 18 of the Act, it is the duty of the Court to serve notice on the parties and provide them an opportunity of hearing before passing a final order.

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9. In the instant case, order sheet of LA Misc. Case No.353 of 2004 under Annexure-1 discloses that although summons were directed to be issued vide order dated 24^th August, 2013 passed by learned Civil Judge, (Senior Division), Jagatsinghpur, but, there is no material on record to show that the notice of reference under Section 18 of the Act was ever served on the Petitioner therein. On each date to which the matter was posted, it was adjourned awaiting SR. However, learned Civil Judge, (Senior Division), Jagatsinghpur on 8^th April, 2022 took up LA Misc. Case No.353 of 2004 for hearing and passed a final order on the very same day observing that neither the Petitioner nor her counsel was present. No step was also taken on his behalf. No endeavour appears to have been made by learned Civil Judge to verify as to whether notice as required under Section 20 of the Act was ever served on Petitioner therein or not. Learned Civil Judge, (Senior Division), Jagatsinghpur thereby confirmed the award passed under Section 11 of the Act.

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Page 4 of 6

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 31-Jul-2025 10:44:34

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10. Rabindra Nath Mohanty had no knowledge about the order dated 8^th April, 2022 passed in LA Misc. Case No.353 of 2004 as no notice was ever served on him or his legal heirs in the said matter.

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11. Since no notice under Section 20 of the Act was served on Rabindra Nath Mohanty, Petitioner therein, which is a mandatory requirement for hearing of a reference under Section 18 of the Act, order dated 8^th April, 2022 passed in LA Misc. Case No.353 of 2004, is vitiated. Thus, learned Civil Judge, (Senior Division), Jagatsinghpur should have provided an opportunity of hearing to him so that he could participate in the hearing of the reference under Section 18 of the Act.

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12. Our view gets fortified by the ratio in Neelagangabai and another (supra), State of Mizoram (Supra) and Rajmani (supra). Accordingly, this Court has no hesitation to set aside the order dated 8^th April, 2022 passed in LA Misc. Case No.353 of 2004 (Annexure-2) and it is so directed .

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13. Consequently this Court remits the matter to learned Civil Judge, (Senior Division), Jagatsinghpur to adjudicate the reference under Section 18 of the Act (i.e., LA Misc. Case No.353 of 2004) afresh giving opportunity of hearing to the parties concerned.

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14. To avoid further delay, Ms. Pattnaik, learned counsel for the Petitioner undertakes that the Petitioner shall appear before learned Civil Judge, (Senior Division), Jagatsinghpur on 2^nd August, 2025 along with authenticated copy of this order to receive further instruction in the matter.

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15. Since the land acquisition was made in the year 2004, learned Civil Judge, (Senior Division), Jagatsinghpur shall make an

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Page 5 of 6

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 31-Jul-2025 10:44:34

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endeavour to dispose of the reference under Section 18 of the Act as expeditiously as possible in accordance with law after issuing notice to the legal heirs of late Rabindra Nath Mohanty.

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16. The Writ Petition is allowed to the aforesaid extent. In the facts and circumstances of the case, there shall be no order as to costs.

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Urgent certified copy of this judgment shall be provided to the parties as per Rules.

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(K.R. Mohapatra) Judge

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(Savitri Ratho) Judge

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High Court of Orissa, Cuttack

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The 14^th Day July, of 2025///Rojalin///