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Girish Kanta Mohanty v. State of Odisha

Orissa HC14 Jul 2025WP(C)/3523/2025

Case brief

AI extract

What is this about?

Odisha HC, Cuttack; WP(C) 3523 of 2025; Girish Kanta Mohanty v. State of Odisha; Ananda Chandra Behera J.; 14.07.2025; demarcation of land; Tahasildar, Derabish; Demarcation Case No.11 of 2024; order dated 05.07.2024 set aside; rejection for non-appearance of Boundary Owners; duty to issue notices to Boundary Land owners; Government of Odisha circular; Circular No.38869 dated 13.12.2016; decide afresh; remitted back; writ petition disposed of finally.

What did the court decide?

Writ petition disposed of finally: the Order dated 05.07.2024 in Demarcation Case No.11 of 2024 of the Tahasildar, Derabish (Opposite Party No.2) is set aside, and the case is remitted back to the Tahasildar to decide afresh strictly following Circular No.38869 dated 13.12.2016 of the Government of Odisha. ¶18

Girish Kanta Mohanty Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Tahasildar, Derabish discharged his duty under the circular of the Government of Odisha to issue notices to the Boundary Land owners for demarcation of the land in their presence and, if they remain absent, to proceed as per the guidelines of the Government of Odisha. +1 more

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Court's answer

As per the circular of the Government of Odisha, it was the duty of the Tahasildar to issue notices to the Boundary Land owners for demarcation of the land in their presence and, if they remain absent, to proceed as per the guidelines of the Government of Odisha.

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Ratio / Principle

The Tahasildar failed to issue notices to the Boundary Land owners and to proceed as per the Government of Odisha guidelines on their absence; the court records that 'the Tahasildar has not done so'.

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Key takeaways

The Order dated 05.07.2024 passed in Demarcation Case No.11 of 2024 by the Tahasildar, Derabish (Opposite Party No.2) is set aside, having been rejected due to none appearance of the Boundary Owners of the case land.ratio¶12
After setting aside the order dated 05.07.2024, Demarcation Case No.11 of 2024 is remitted back to the Tahasildar, Derabish (Opposite Party No.2) to decide the same afresh, strictly following Circular No.38869 dated 13.12.2016 of the Government of Odisha.ratio¶17

Detailed headnote1 paragraphs

WP(C) No.3523 of 2025 (High Court of Orissa at Cuttack, decided 14.07.2025 by Ananda Chandra Behera J.) — Girish Kanta Mohanty v. State of Odisha & others. The Court set aside the Order dated 05.07.2024 passed by the Tahasildar, Derabish (Opposite Party No.2) in Demarcation Case No.11 of 2024, which had rejected the demarcation due to the none appearance of the Boundary Owners of the case land. Relying on the circular of the Government of Odisha, the Court held that it was the Tahasildar's duty to issue notices to the Boundary Land owners for demarcation in their presence and, on their absence, to proceed as per the Government guidelines — a duty the Tahasildar failed to perform. Demarcation Case No.11 of 2024 was remitted back to the Tahasildar, Derabish to decide afresh, strictly following Circular No.38869 dated 13.12.2016 of the Government of Odisha. The writ petition was disposed of finally.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.3523 of 2025

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Girish Kanta Mohanty ..... Petitioner

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Represented By Adv. - Sukanta Kumar Nayak (2)

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-versus-

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State Of Odisha & others ..... Opposite Parties Represented By Adv. - Mr. S. Nayak, A.S.C. None (for O.P. Nos.3 & 4)

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CORAM:

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THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER

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14.07.2025

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Order No.

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This matter is taken up through hybrid mode.

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Heard from the learned counsel for the Petitioner and the learned Additional Standing Counsel for the State-Opposite Parties, as none appears from the side of the Opposite Party Nos.3 & 4.

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The Order dated 05.07.2024 passed in Demarcation Case No.11 of 2024 by the Tahasildar, Derabish (Opposite Party No.2) is set aside, as the same was rejected due to none appearance of the Boundary Owners of the case land.

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As per circular of the Government of Odisha, it was the duty of the Tahasildar to issue notices to the Boundary Land owners for demarcation of the land in

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Page 1 of 2.

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Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, C UTTA CK Date: 14-Jul-2025 17:04:10

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question in their presence and if they will remain absent, then, to proceed as per the guidelines of the Government of Odisha, but the Tahasildar has not done so.

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After setting aside the order dated 05.07.2024 passed in Demarcation Case No.11 of 2024 by the Tahasildar, Derabish (Opposite Party No.2) the matter vide Demarcation Case No.11 of 2024 is remitted back to the Tahasildar, Derabish (Opposite Party No.2) to decide the same afresh following the Circular No.38869 dated 13.12.2016 of the Government of Odisha strictly .

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