Pramod Mallik Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Pramod Mallik Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with observations that steps for protection of Plot No.1569 (public road) may be taken during pendency of C.S. No.1067 of 2023; the Court refrained from making any observation regarding Plots No.1571 and 1558.

Issue for consideration

Whether, the demarcation of Plot No.1569 (a public road) being neither questioned in C.S. No.1067 of 2023 nor disputed by its Plaintiffs, there is any hindrance to taking steps for protection of Plot No.1569 during pendency of the suit. +1 more

Court's answer

Since the demarcation of Plot No.1569 is not questioned in C.S. No.1067 of 2023 nor disputed by the Plaintiffs, there is no hindrance to taking steps for protection of Plot No.1569, which is used as a public road, during pendency of the suit.

Ratio / Principle

The private-Opposite Parties have no grievance in the suit against anyone concerning their private plot (No.1558), and accordingly the demarcation made in respect of Plot No.1569 is never questioned in the suit.

Key takeaways

In respect of Plots No.1571 and 1558, the Court expressly refrains from making any observation in view of the pendency of C.S. No.1067 of 2023, leaving those matters open.obiter¶32

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.1346 of 2026, High Court of Orissa at Cuttack, B.P. Routray J., order dated 21.07.2026) - disposed of. The State's counter affidavit recorded that demarcation of Government land in Plot Nos.1569 and 1571 was completed on 8th November 2023 (Annexure-C/4 series). Perusal of the plaint in C.S. No.1067 of 2023, filed by Opposite Parties 5 to 7 seeking demarcation of Plot No.1558 and confirmation of possession, showed no claim therein regarding Plots 1569 and 1571; Plot 1569 is a public road allegedly encroached by the private Opposite Parties, whose eviction ordered by the Tahasildar had already been confirmed by the Appellate Court (Sub-Collector); and the Annexure-C/4 demarcation was never disputed in the suit nor questioned before any higher forum. Holding that the private Opposite Parties had no grievance in the suit concerning their private Plot 1558 and that the demarcation of Plot 1569 was never questioned therein, the Court found no hindrance to taking steps for protection of Plot 1569 (public road) during pendency of the suit, disposed of the writ petition, and expressly refrained from making any observation in respect of Plots 1571 and 1558 in view of the pending suit.

Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 21-Jul-2026 17:57:01

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.1346 of 2026

Pramod Mallik & Ors. …. Petitioners

Mr. G.Mishra, Senior Advocate

-versus-

State of Odisha and others

…. Opposite Parties Mr. T.K.Dash, AGA Ms. M.Mishra, Advocate for O.P.5 to 7

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

21.07.2026

Order No.

Heard Mr. G.Mishra, learned Senior Counsel for the

Petitioners, Ms. Mishra, learned counsel for Opposite Parties 5 to

7 and Mr. Dash, learned AGA for the State.

In the counter affidavit of the State, it is stated that the

demarcation of the Government land in Plot No.1569 and 1571

has been completed on 8^th November 2023 as per Annexure-C/4 series.

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Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 21-Jul-2026 17:57:01

Further, perusal of copy of the plaint in C.S. No.1067 of 2023 filed by present Opposite Parties 5 to 7, it reveals that no claim regarding Plots No.1569 and 1571 has been made by the Plaintiffs nor the extent of lands of those plots are in dispute. Plot No.1569 is the public road, which is allegedly encroached by the private-Opposite Parties and the order of eviction passed by the Tahasildar has already been confirmed by the Appellate Court, i.e. the Court of the Sub-Collector.

In such background facts, it is seen from the copy of the plaint that the suit has been filed with prayer for demarcation of Plot No.1558 with further prayer for confirmation of possession thereof. The demarcation report dated 8^th November 2023 under Annexure-C/4 is never disputed by the privateOpposite Parties in Civil Suit No.1067 of 2023 nor did the Respondents question the validity of demarcation order under Annexure-C/4 before any higher forum.

It is thus become clear that the private-Opposite Parties have no grievance in the suit against anyone concerning their private plot in 1558 and therefore, the demarcation made in respect of Plot No.1569 is never questioned in the suit. When the

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Signature Not Verified

S.Das

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 21-Jul-2026 17:57:01

demarcation of Plot No.1569 is not questioned in the suit nor disputed by the Plaintiffs, there would be no hindrance to take steps for protection of Plot No.1569, which is used as public road, during pendency of C.S. No.1067 of 2023. However, in respect of Plots No.1571 and 1558, this Court refrains from making any observation in view of pendency of the suit.

With aforesaid observations, the writ petition is disposed of.

( B.P. Routray) Judge

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