ORISSA HIGH COURT ISSUES ORDER ON KHADIJA BANO V/S UNION OF INDIA AND OTHERS

CUTTACK, India, May 11 -- Orissa High Court issued the following order on April 9:

1. This matter is taken up through hybrid mode.

2. Mr. Mishra, learned counsel for the Petitioner submits that the reference, i.e. L.A. Case No.1 of 2026 is pending in the Court of learned District Magistrate, Sundargarh for adjudication. The next date of hearing is 11th May, 2026. He, therefore, submits that early disposal of reference would meet the ends of justice.

3. This writ petition has been filed with a prayer to set aside the order dated 17th June, 2025 (Annexure-10) passed by the CALA-cum-Land Acquisition Officer, Sundargarh in Misc. Case No.6 of 2025 (arising out of L.A. Case No.10 of 2019), whereby he directed that the staff of the LA Section to refer the compensation amount under Section 20H(4) of the Railways (Amendment) Act, 2008 in respect of Khata Nos.77/20 & 77/1203 of village-Gudgudjore to the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated. The field staffs were also directed to prepare CC voucher in respect of only those holdings which are sold by Nasiruddin Miyan through his attorney holder Md. Ayub and referred the matter in other cases.

4. Mr. Mishra, learned counsel for the Petitioner submits that since the matter has already been referred to the Principal Civil Court, namely, learned District Judge, Sundargarh and has been registered as L.A. Case No.1 of 2026, the Petitioner shall participate in the said reference and assist the Court for early disposal of the reference.

5. Mr. Mohanty, learned Senior Panel Counsel and Mr. Dash, learned Additional Standing Counsel, do not have any objection to such prayer.

6. In view of the above, this Court without expressing any opinion on the merits of the case of the Petitioner in reference, i.e., L.A. Case No.1 of 2026, pending before learned District Judge, Sundargarh, disposes of the writ petition with a direction that learned District Judge, Sundargarh shall do well to adjudicate the reference as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, giving opportunity of hearing to the parties concerned, if there is no legal impediment.

Urgent certified copy of this order be granted on proper application. voucher in respect of only those holdings which are sold by Nasiruddin Miyan through his attorney holder Md. Ayub and referred the matter in other cases.

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