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Tuni Behera v. State of Odisha

Orissa HC10 Dec 2020WP(C)/15738/2020

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What is this about?

The petitioner filed a writ petition seeking early disposal of a pending demarcation case regarding plot number disputes. The Court directed the Tahasildar to dispose of the case within three months by notifying parties for demarcation, without expressing an opinion on the case's merits.

What did the court decide?

Direction to Tahasildar, Nimapara to consider and dispose of Demarcation Case No. 70 of 2016 within three months by notifying parties for demarcation.

Tuni Behera Vs State of Odisha — Landlord and Tenant | Orissa HC (2020)

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W.P.(C) No.15738 of 2020

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10.12.2020

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Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr.Somanath Satapathy, learned counsel for the petitioner and Miss Samapika Mishra, learned Additional Standing counsel for the State opposite parties 1 to 4.

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This writ petition has been filed for early disposal of Demarcation Case Nos.70 of 2016 pending before the opposite party No.3-Tahasildar, Nimapada in the district of Puri.

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It is submitted by Mr. Satapathy, learned counsel for the petitioner that plot No.374 to an extent of Ac.0.18 decimal under Khata No.327/15 in Mouza Sudhabbarimula under Nimapara Tahasil, in the district of Puri (for short, ‘case land’) has been recorded in the name of the petitioner since 2015. Since boundary tenants are creating disturbance, she filed the aforesaid demarcation case. The opposite party No.3-Tahasildar, Nimapara, although registered the demarcation case, but is not taking any action for demarcation of the case land. It is further submitted that there is no civil or any other proceeding pending before any other forum or Court. Therefore, there is no impediment for early disposal of the demarcation case

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for which this writ petition has been filed for the aforesaid relief.

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Miss Mishra, learned ASC submits that she has no instruction with regard to the status of the Demarcation Case No.70 of 2016. However, if the said Demarcation Cases are still pending, the Tahasildar, Nimpara may be directed to dispose of the same in accordance with law.

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Taking into consideration the submissions of learned counsel for the parties, this Court, without expressing any opinion on the merit of the case of the petitioner, disposes of the writ petition with a direction to opposite party No.3-Tahasildar, Nimapara to consider and dispose of the Demarcation Case No. 70 of 2016 in accordance with law as expeditiously as possible, preferably within a period of three months from the date of filing of an authenticated copy of this order giving notice to the petitioner as well as the boundary tenants to be present at the time of demarcation, if there is no legal impediment.

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6.1 Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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K.R. Mohapatra, J.

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Tuni Behera v. State of Odisha

Case brief

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Tuni Behera v. State of Odisha

Case brief

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