IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 32522 of 2025

Budhia Naik & others … Petitioners

Mr. H.K. Mohanta, Advocate

-versus-

State of Odisha & others … Opposite Parties

Mr. Manmaya Kumar Dash, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

JUSTICE CHITTARANJAN DASH

ORDER

Order No. 08.01.2026

03. 1. This matter is taken up through hybrid mode.

2. The grievance of the Petitioners in this Writ Application is with regard to the inaction of the Collector, Mayurbhanj, in referring the applications filed by the Petitioners filed on 30.05.2025 and 02.06.2025 (Annexures-4 and 6 respectively) to the Authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (for brevity, ‘the Act’).

3. Mr. Mohanta, learned counsel for the Petitioners submits that Plot No.31 and 47 of Khata No.61 situated in village Takadida under Rasgopbindpur Tahasil in the district Mayurbhanj was acquired under the provisions of the Act. It is submitted that out of the aforesaid two plots, the Petitioners had alienated Ac.1.38 dec. to the School and Mass Education Department for construction of the school,

but the rest of the property was in possession of the Petitioners. Surprisingly, the award under the Act was passed, directing to pay compensation to the School and Mass Education for the aforesaid plots. Hence, the Petitioners, being aggrieved, filed an application dated 30.05.2025 (Annexure-4) for assessment of adequate compensation and pay the same to him. The Collector, instead of referring the matter to the Authority for proper adjudication, sat over the matter. Thus, the Petitioners were constrained to file a grievance Petition before the Nodal Officer of the Mayurbhanj Collectorate on 02.06.2025 vide Annexuer-6 but of no avail. Thus, finding no other alternative, the Petitioners have filed this Writ Application.

4. Mr. Dash, learned Additional Standing Counsel, on instruction submits that on the date of preliminary notification, the land in question stood recorded in the name of School and Mass Education Department thus the compensation was awarded accordingly. He, however, submits that the Petitioners’ application dated 30.05.2025 has not yet been referred to the Authority under Section 64 of the Act.

5. Taking note of the submissions made by learned counsel for the Parties, this Court is of the considered opinion that on receipt of an application by any aggrieved person, the Collector should refer the matter to the Authority for adjudication instead of sitting over it and making an endeavour to adjudicate the same on merit.

Thus, the Collector, Mayurbhanj is directed to refer the matter to the Authority as expeditiously as possible preferably within a period of one month from the date of production of the certified copy of this order.

6. The Writ Petition is disposed of accordingly.

(K.R. Mohapatra)

(Chittaranjan Dash)

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