Disposed¶31

Khedusagar Sa v. Mahanadi Coalfields Limited

Orissa HC26 Feb 2026WP(C)/20780/2019

Case brief

AI extract

What is this about?

Withdrawal of writ petition; High Court of Orissa; W.P.(C) 20780 of 2019; Khedusagar Sa; Mahanadi Coalfields Ltd. (MCL); eviction notices dated 22/07/2019; Annexure-7 Series; compensation and rehabilitation; O.J.C. No.3799 of 1991 order dated 04/11/1991; Civil Appeal No.831 of 1994 order dated 14/02/1994; Land Acquisition Act 1894 Section 18 reference; L.A. Case No.133 of 1994; judgment dated 17th May 2025; appeal under Section 54 Land Acquisition Act; interim order vacated; disposed as withdrawn.

What did the court decide?

Permission to withdraw the writ petition (to enable filing of a properly constituted appeal under Section 54 of the Land Acquisition Act, 1894); interim order, if any, vacated. No substantive relief decided on the eviction/compensation issue. ¶31

Khedusagar Sa Vs Mahanadi Coalfields Limited — Land Acquisition | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the opposite parties may evict the petitioners pursuant to notices dated 22/07/2019 without granting the compensation and rehabilitation as directed by this Hon'ble Court vide order dated 04/11/1991 in O.J.C. No.3799 of 1991 and by the Hon'ble Apex Court vide Order dated 14/02/1994 in Civil Appeal No.831 of 1994 (relief sought: writ of mandamus commanding the opposite parties not to evict).

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Ratio / Principle

In view of the submissions of learned counsel for the parties, following disposal of the Section 18 reference vide judgment dated 17th May, 2025 and counsel's request (supported by a Memo taken on record) to file a properly constituted appeal under Section 54 of the Land Acquisition Act, 1894, the writ petition is disposed of as withdrawn.

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Key takeaways

Interim order, if any, continuing in the matter shall stand vacated.ratio¶32

Detailed headnote1 paragraphs

W.P.(C) No.20780 of 2019 (High Court of Orissa at Cuttack, decided 26.02.2026; Bench: K.R. Mohapatra and Sanjay Kumar Mishra, JJ.) — Khedusagar Sa and another v. Mahanadi Coalfields Ltd., Sambalpur and others. Petitioners had sought a writ of mandamus restraining eviction pursuant to notices dated 22/07/2019 issued by opposite party no.2 under Annexure-7 Series without the compensation and rehabilitation directed by this Court's order dated 04/11/1991 in O.J.C. No.3799 of 1991 and the Apex Court's Order dated 14/02/1994 in Civil Appeal No.831 of 1994. Their Section 18 Land Acquisition Act, 1894 reference (L.A. Case No.133 of 1994) having been disposed of vide judgment dated 17th May, 2025, counsel for the petitioners prayed for withdrawal of the writ petition to file a properly constituted appeal under Section 54 of the Land Acquisition Act, 1894; counsel for MCL raised no objection. The Court disposed of the writ petition as withdrawn and vacated the interim order, if any. The substantive grievance is left to be raised in the appeal.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). NO.20780 OF 2019

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Khedusagar Sa and another …. Petitioners

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Mr. S.S. Padhy, Advocate

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-versus-

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Mahanadi Coalfields Ltd., Sambalpur …. Opp. Parties and others

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Mr. Siba Narayan Biswal, Additional Standing Counsel (For Opposite Party Nos.3 and 4)

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Mr. Sakti Dhar Das, Senior Advocate Being assisted by Mr. P.R. Patnaik, Advocate (For MCL)

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

26.02.2026

Order No.

This matter is taken up through hybrid mode.

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Petitioners in this writ petition pray for the following

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relief:

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“In the facts and under the, circumstances stated above, the Hon’ble Court would graciously be pleased to issue;

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a) A writ of and/or in the nature of mandamus do issue by commanding the opp. parties not to evict the petitioners pursuant to notices dated 22/07/2019 issued by the opp. party no.2 under Annexure-7 Series without granting the compensation and rehabilitation as directed by this Hon'ble Court vide order dated 04/11/1991 in O.J.C. No.3799 of 1991 and by the Hon'ble Apex

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Page 1 of 3

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Court vide Order dated 14/02/1994 passed in Civil Appeal No.831 of 1994.

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b) Rule NISI in terms of prayers above;

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c) Issue any appropriate order/orders deemed fit in the fact and circumstances of the case.

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And for which act of your kindness, the petitioner shall ever pray as in duty bound.”

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Mr. Padhy, learned counsel for the Petitioners submits that the Petitioners along with others being not satisfied with the compensation for land acquisition had filed an application under Section 18 of the Land Acquisition Act, 1894. The matter was referred to the learned Civil Court under Section 18 of the Act and was registered as L.A. Case No.133 of 1994. In the meantime reference under Section 18 of the Act has been disposed of vide judgment dated 17^th May, 2025. A copy of the said judgment is produced before this Court by Mr. Patnaik, learned counsel for the MCL appearing with Mr. Das, learned Senior Advocate and is taken on record.

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In view of the judgment passed in the reference under Section 18 of the Act, Mr. Padhy, learned counsel for the Petitioners prays for withdrawal of the writ petition to file a properly constituted Appeal under Section 54 of the Land Acquisition Act, 1894 raising the grievance made in this writ petition. A Memo in support of his submission is filed in the Court, which is also taken on record.

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