Partly allowed

Duryodhan Rout v. State of Odisha

Orissa HC4 Aug 2021WP(C)/20296/2021

Case brief

AI extract

What is this about?

Petitioner sought writ direction for demarcation of ancestral land disturbed by boundary tenants. Court held that the demarcation application was not properly filed and directed the Tahasildar to act only if the petitioner submits a compliant application with requisite fees and documents within three weeks.

What did the court decide?

Tahasildar to consider and mark the land upon receipt of a properly formatted demarcation application, fee, and documents filed by petitioner within three weeks of this order.

Duryodhan Rout Vs State of Odisha — Land Acquisition | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.20296 of 2021

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Duryodhan Rout

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…. Petitioner

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Mr. Subhransu Bhusan Mohanty, Advocate -versus-

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State of Odisha & Others

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…. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

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CORAM:

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JUSTICE K.R. MOHAPATRA

Order No.

ORDER 04.08.2021

This matter is taken up through hybrid mode.

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Heard Mr. Subhransu Bhusan Mohanty, learned counsel for the Petitioner and Mr. Swayambhu Mishra, learned Additional Standing Counsel for the State.

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This writ application has been filed for a direction to the Tahasildar, Bahanaga, Opposite Party No.2 for demarcation of Plot No.39 to an extent of Ac. 0.08 decimals in Khata No.103 under Mouza-Balikitiran of Tahasil Bahanaga in the district of Balasore (for short ‘the case land’).

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It is submitted by Mr. Mohanty, learned counsel for the Petitioner that the land has been recorded in the name of his mother and the Petitioner is in peaceful possession over the same along with his family members. Since the boundary tenants are creating disturbance over the case land, the Petitioner had approached the Tahasildar, Bahanaga by filing a demarcation case on 03.05.2015 for demarcation of the case land, but the same has not yet been demarcated. It is his submission that no dispute/litigation is pending in respect of the

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land in question and there is no legal impediment for demarcation of the same. Due to inaction of the Tahasildar, Bahanaga, the boundary tenants are creating disturbance to dispossess the petitioner from the case land for which this writ application has been filed.

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Mr. Mishra, learned Additional Standing Counsel for the State submits that the Petitioner has not filed any application for demarcation of the case land in proper format along with requisite fee and relevant documents. If the same is filed, the Tahasildar, Bahanaga will be in a position to entertain the same and do the needful in accordance with law.

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Taking into consideration the submissions made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case disposes of the writ petition with a direction that in the event the Petitioner files an application for demarcation of the case land within a period of three weeks hence in proper format along with requisite fee and relevant documents complete in all respect along with a certified copy of this order, the Tahasildar, Bahanaga-Opposite Party No.2 shall do well to consider the same in accordance with law and take steps for demarcation of the case land after serving notice on 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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Urgent certified copy of this order be granted on proper application.

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(K.R.Mohapatra) Judge

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Prasant

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Duryodhan Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Duryodhan Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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