Disposed¶40

Sushanta Kumar Dwibedy v. the State of Odisha

Orissa HC10 Jul 2025WP(C)/856/2025

Case brief

AI extract

What is this about?

Orissa HC, W.P.(C) No. 856 of 2025, decided 10.07.2025, bench K.R. Mohapatra & Savitri Ratho: writ petition seeking allotment of remaining 3 acres of land/equivalent cash grant or irrigated land and compensation for improper allotment disposed of AS WITHDRAWN; counsel admitted Petitioners had not approached the Pani Panchayat for smooth irrigation per observation in RVWPET No. 73 of 2016 (order dt. 03.04.2018); related prior orders W.P.(C) No. 13547 of 2003 (dt. 04.03.2016) and SLP(C) Diary No(s). 27812 of 2018 (Supreme Court declined interference).

What did the court decide?

Writ petition withdrawn at the Petitioners' request to work out their remedy; no substantive relief (land allotment, cash grant or compensation) granted. ¶40

Sushanta Kumar Dwibedy Vs the State of Odisha — Orissa HC (2025) — LawSathi Research

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Jul-2025 19:18:27

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 856 OF 2025

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Sushanta Kumar Dwibedy and others …. Petitioners

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Mr. Abhiram Swain, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties

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Mr. Sabita Ranjan Pattnaik, Additional Government Advocate

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

Order No.

10.07.2025

1. This matter is taken up through hybrid mode.

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The Petitioners in this writ petition pray for the

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following relief:

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“ Under the above facts, circumstances and contentions, it is humbly prayed that this Hon'ble Court may graciously be pleased to admit this Writ Petition, call for the records and after hearing the Counsel for the petitioners would be pleased to issue notice to the Opposite Parties as to why the petitioners shall not be allotted with rest 3(three)Acres of un-irrigated land or equivalent cash grant thereto or 3(three)Acres of Irrigated land after returning back the land already allotted, by declaring the said land as improper and direction shall not be issued to compensate for the loss suffered by them from the date of allotment of improper allotment, in case of non-filing of show cause or filing of insufficient cause; the same may be made absolute;

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And further would be pleased to issue a writ of

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Page 1 of 3

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Jul-2025 19:18:27

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mandamus or any other writ(s) directing the 0pp. parties to allot rest 3(three) Acres of land to the petitioners or in lieu of land the cash grant equivalent thereto or allot 3(three)Acres of Irrigated land to each of the petitioners:

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And further would be pleased to pass any other appropriate order (sV direction (s) as may deem fit and proper in the eye of law and as per the facts and circumstances of the case.

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And for this act of kindness, the Petitioners

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as in duty bound shall remain ever pray.”

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In course of hearing, Mr. Swain, learned counsel for the Petitioners drew attention of this Court to the order dated 3^rd April, 2018 passed by this Court in RVWPET No.73 of 2016. While disposing of the RVWPET, this Court observed as under:

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“5. In view of the above, since the renovation work has already been taken up by the authorities, this Court disposes of this Review Petition with an observation that the same shall be completed at the earliest, if not yet completed and it is open to the Petitioners to approach the Pani Panchayat for smooth irrigation.”

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Assailing the order dated 3^rd April, 2018 passed in RVWPET No.73 of 2016 as well as order dated 4^th March, 2016 passed in W.P.(C) No.13547 of 2003, the Petitioners approached the Hon’ble Supreme Court in SLP(C) Diary No(s).27812 of 2018. Hon’ble Supreme Court disposed of the SLP(C) with the following observation:

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“ Keeping in view the aforesaid observation of the High Court contained in paragraph 5 of the order, we are not inclined to interfere with the impugned order, as in our opinion the aforesaid observation takes care of the petitioners' right, if any, in relation to the subject in question .

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Page 2 of 3

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Jul-2025 19:18:27

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With this observation, the special leave petition stands disposed of.

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Pending application shall also stand disposed

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of.”

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It is fairly submitted by Mr. Swain, learned counsel that the Petitioners have not yet approached the Pani Panchayat for smooth irrigation. Hence, he prays for withdrawal of the writ petition to work out the remedy.

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