Rabindra Kumar Behera vs State Of Odisha And Others …. Opp. … on 7 March, 2026

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    Orissa High Court

    Rabindra Kumar Behera vs State Of Odisha And Others …. Opp. … on 7 March, 2026

    Author: K.R. Mohapatra

    Bench: K.R. Mohapatra

    Signature Not Verified
    Digitally Signed
    Signed by: SASANKA SEKHAR SATAPATHY
    Reason: Authentication
    Location: HIGH COURT OF ORISSA CUTTACK
    Date: 07-Mar-2026 17:18:34
    
    
    
                                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                              W.P.(C) No.3594 OF 2026
                                   Rabindra Kumar Behera                                ....         Petitioner
                                                                          Mr. Arun Kumar Behera, Advocate
    
                                                                     -versus-
                                   State of Odisha and Others                           ....      Opp. Parties
                                                                                    Mr. Swayambhu Mishra,
                                                                                 Additional Standing Counsel
                                               CORAM:
                                               JUSTICE K.R. MOHAPATRA
                                               JUSTICE SANJAY KUMAR MISHRA
    
                                                               ORDER
    
              Order No.                                       07.03.2026
    
                 01.          1.      This matter is taken up through hybrid mode.
    
    

    2. Petitioner in this writ petition seeks to assail the order dated 10th
    November, 2025 (Annexure-1) passed by learned Presiding Officer
    LAR and R Authority, Cuttack, in Execution Case bearing EP No.09
    of 2024 holding it to be not maintainable.

    3. Section-70 of the Right to Fair Compensation and Transparency
    in Land Acquisition, Rehabilitation and Resettlement Act 2013, (for
    brevity ‘the Act’) reads such under:-

    SPONSORED

    “70. Form of award.-(1) Every award under this Chapter shall be
    in writing signed by the Presiding Officer of the Authority, and shall
    specify the amount awarded under clause first of section 28, and also
    the amounts (if any) respectively awarded under each of the other
    clauses of the same subsection, together with the grounds of
    awarding each of the said amounts.

    (2) Every such award shall be deemed to be a decree and
    the statement of the grounds of every such award a judgment within
    the meaning of clause (2), and clause (9) of respectively, of section
    2
    of the Code of Civil Procedure, 1908 (5 of 1908).”

    Page 1 of 3
    Signature Not Verified
    Digitally Signed

    Signed by: SASANKA SEKHAR SATAPATHY
    Reason: Authentication
    Location: HIGH COURT OF ORISSA CUTTACK
    Date: 07-Mar-2026 17:18:34

    3.1 Section 70 (2) of the Act makes it amply clear that every award
    under Chapter-VIII of the Act shall be a decree and an award is a
    judgment within the meaning of Clause-2 and Clause-9 respectively of
    Section-2 of the Civil Procedure Code 1908. Thus, the award passed
    by learned Presiding Officer, LAR and R Authority, Cuttack, under
    Section 64 of the Act is a decree within the meaning of Section-2 (2)
    of the Civil Procedure Code.

    Section 63 of the Act, however, provides as such under.

    “63. Jurisdiction of civil courts barred.-No civil court (other than
    High Court under article 226 or article 227 of the Constitution or
    the Supreme Court) shall have jurisdiction to entertain any dispute
    relating to land acquisition in respect of which the Collector or the
    Authority is empowered by or under this Act, and no injunction shall
    be granted by any court in respect of any such matter.”

    3.2 On a close reading of Section 63 of the Act makes it clear that
    the civil Court lacks jurisdiction to entertain any dispute relating to land
    acquisition, which is capable of being decided by the Collector or the
    Authority under the Act. There is no provision under the Act to
    entertain an execution proceeding of an award passed under the Act.
    Thus, competent civil Court has ample jurisdiction to entertain an
    execution proceeding for execution of an award passed under Section
    64
    of the Act.

    4. In view of the above, Mr. Behera, learned counsel for the
    Petitioner prays for withdrawal of the writ petition to avail the remedy
    before the competent civil Court by filing an execution case.

    5. Mr. Mishra, learned Additional Standing Counsel has no
    objection to the same.

    Page 2 of 3
    Signature Not Verified
    Digitally Signed

    Signed by: SASANKA SEKHAR SATAPATHY
    Reason: Authentication
    Location: HIGH COURT OF ORISSA CUTTACK
    Date: 07-Mar-2026 17:18:34

    6. In view of the above, the writ petition is disposed of as
    withdrawn with an observation that the Petitioner may avail the remedy
    by filing an Execution Case before the competent civil Court.

    
    
                                                                      (K.R. Mohapatra)
                                                                            Judge
    
    
                                                                        (S.K Mishra)
              Sashikant                                                     Judge
    
    
    
    
                                                                                         Page 3 of 3
     



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