Basanti Turuk v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 8853 OF 2022 Basanti Turuk ....

Petitioner Mr. Susanta Kumar Nayak, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Sarojananda Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

18.04.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction to the Tahasildar, Kashipur-Opposite Party No.3 to make a fresh demarcation in respect of Plot No.1103/1505 under Khata No.125 to an extent of Ac.0.56 decimals situated in mouza Duimundi under Kashipur Tahasil in the district of Rayagada (for short 'the case land').

3.

Mr. Nayak, learned counsel for the Petitioner submits that pursuant to the direction in Demarcation Case No.404 of 2021, the Revenue Inspector, Kucheipadar demarcated the aforesaid land. The Petitioner is not satisfied with the demarcation, as the alignment of the case land is North to South, but the Revenue Inspector, Kucheipadar demarcated the case land from East to West. Hence, he prays for a direction for fresh demarcation of the case land in accordance with law.

// 2 // 4.

As the case land has already been demarcated by the Revenue Inspector, Kucheipada pursuant to the direction of Tahasildar, Kashipur in Demarcation Case No.404 of 2021 in presence of the Petitioner as well as boundary tenants along with Government officials, no further direction for fresh demarcation of the case land can be made in this writ petition. However, the Petitioner, if so advised, may work out his remedy in the common law forum.

5.

Accordingly, this writ petition is disposed of. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge