Disposed

Bhagirathi Sahoo v. State of Odisha

Orissa HC5 Mar 2021WP(C)/6623/2021

Case brief

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What is this about?

The High Court returned the writ petition, holding that the petitioner's application for land demarcation was not in the proper format. The petitioner was directed to file a fresh application with proper format, documents, and fees within fifteen days.

What did the court decide?

Petitioner directed to file demarcation application in proper format within fifteen days; opposed disposal pending compliance.

Bhagirathi Sahoo Vs State of Odisha — Orissa HC (2021) — LawSathi Research

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W.P.(C) No. 6623 of 2021

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05.03.2021 Heard Mr.Subhransu Bhusan Mohanty, learned counsel for the petitioner and Mr.Arun Kumar Mishra, learned Additional Standing for the State-opposite parties.

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Petitioner, in this writ petition prays for a direction to opposite party No.3-Tahasildar, Soro for early disposal of demarcation of Khata No.47, 291/343 and 253 in mouza Mulakaida under Soro Tahasill in the district of Balasore (for short, ‘the case land’) by help of Police.

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Mr.Mohanty, learned counsel for petitioner submits that Opposite party No.2-Tahasildar, Soro is not taking any step for demarcation of the case land for which petitioner had filed an application dated 25.08.2020 (Annexure-2), which has also not been considered. He therefore, finding no other alternative, has filed this writ petition. 5. Mr.Mishra, learned ASC submits that he has no instruction with regard to pendency of application/representation dated 25.08.2020 (Annexure-2) for demarcation of the case land before opposite party No.2Tahasildar, Soro. However, the said application for demarcation has to be made in proper format. Therefore, the petitioner may file an application for demarcation in proper formant, which can be considered in accordance with law.

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Taking into consideration the submissions of learned counsel for the parties and on perusal of record it appears that the application for demarcation under Annexure-2 is not in proper formant, Hence, this Court is of the considered opinion that the petitioner should file a

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petition for demarcation before opposite party No.2Tahasildar, Soro in proper formant for consideration.

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6.1 Accordingly, it is directed that if the petitioner files an application for demarcation of the case land, in proper format with relevant documents and fees along with certified copy of this order within a period of fifteen days hence, the same shall be accepted by the Tahasildar, Soro and shall be disposed of within a period of three months from the date of filing such application in accordance with law by issuing notice to the petitioner as well as the boundary tenants to be present at the time of demarcation of the case land, if there is no legal impediment.

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6.2 This Court makes it clear that it has not expressed any opinion on the merit of the case.

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With the aforesaid observation and direction, the writ petition is disposed of.

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Issue urgent certified copy of the order on proper application.

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...............................

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K.R. Mohapatra,J.

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Bhagirathi Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhagirathi Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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