Subasha Chandra Samantray Vs State of Odisha

This writ petition has been filed by the petitioners praying for quashing the orders passed in Demarcation Case No.9 of 2025 (Annexure-7) starting from 1^st order to till the order dated 09.04.2025 on the ground that, the orders in the said Demarcation Case No.9 of 2025 have been passed by the Tahasildar, Kujang (O.P. No.6) without considering the objection dated 07.04.2025 under Annexure-5 of the petitioners.

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Heard from the learned counsel for the petitioners, learned ASC for the State and learned counsel for O.P. No.11.

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Page 1 of 3.

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It appears from the order dated 09.04.2025 (Annexure-7) passed in Demarcation Case No.9 of 2025 by the Tahasildar, Kujang (O.P. No.6) that, the said demarcation case has already been disposed of finally. Because, the said order dated 09.04.2025 passed in Demarcation Case No.9 of 2025 by the Tahasildar, Kujang (O.P. No.6) reads as follows:-

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“The case record is put-up to-day. The above demarcation was carried out by Sri Rabinarayan Jena, R.S. Sri Deepak Kumar Sahoo, Rev. Inspector, Sri Satyaprakash Mohanty, Amin of this Tahasil and they demarcated in the presence of Party, Opp. Party, Villagers & Police personnel on dated 09.04.2025 without any litigation. Both, R.S., Amin, R.I., Paradeepgarh have submitted the demarcation report with due signed by the both parties & witness & Police personnel. The above report is part of the case record.

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Hence, the case report is closed.”

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In spite of the above order dated 09.04.2025 passed in Demarcation Case No.9 of 2025 by the Tahasildar, Kujang (O.P. No.6) concerning the final disposal of the said Demarcation Case No.9 of 2025, learned counsel for the petitioners submitted that, that Demarcation Case No.9 of 2025 has not been disposed of as yet, but the same is pending.

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To which, learned ASC for the State as well as learned counsel for O.P. No.11 objected on the basis of the order dated 09.04.2025 passed in that Demarcation

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Page 2 of 3.

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Case No.9 of 2025 that, the said Demarcation Case No.9 of 2025 has already been disposed of finally on dated 09.04.2025, which is not pending.

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When, it is forthcoming from the above order dated 09.04.2025 passed in Demarcation Case No.9 of 2025 by the Tahasildar, Kujang (O.P. No.6) that, the Demarcation Case No.9 of 2025 has already been disposed of finally and the demarcation has already been made in presence of the O.Ps, villagers & Police personnel on dated 09.04.2025 without any litigation and both R.S., Amin, R.I. Paradeepgarh have submitted the demarcation report with duly signed by both the parties including the petitioners, witnesses & Police personnel, then at this juncture, the question of quashing the orders passed in Demarcation Case No.9 of 2025 since its starting to till 09.04.2025 does not arise.

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For which, there is no merit in the writ petition filed by the petitioners.

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Therefore, the writ petition filed by petitioners is liable to be dismissed.

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