Hara Prasad Mahapatra v. Collector, Malkangiri

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18015 OF 2022 Hara Prasad Mahapatra ....

Petitioner(s) Mr. N.K.Panda, Advocate -versusCollector, Malkangiri and others ....

Opposite Party(s) Mr. S.Mishra, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

25.07.2022 Order No.

01.

1.

Heard learned counsel for the Parties.

2.

The Writ Petition involves the following prayer: "It is therefore, humbly prayed that, your Lordship may graciously pleased to admit this Writ Petition, issue Rule Nisi, in the nature of Writ or any other Writs, as deem just, fit and proper, calling upon the Opp. Parties, Particularly, Opposite Parties No.3, to show cause as to why the Application Form, for demarcation initiated vide M.C. Case No. 17 of 2022, in respect of purchased land of the Petitioner, situated under Mouza- Udlibeda, covered under Hal Khata No.65 of 101 corresponding to Hal Plot No's-189 and 192, respectably, shall not be demarcated within a stipulated period?

AND In the event of failure to file show cause or shows in sufficient causes, the said Rule NISI be made absolute.

AND May further be pleased to pass any other Order(S)/Direction (S) as this Hon'ble Court deem fit, just and proper, to the facts and circumstances of the case.

AND For this act of kindness, the Petitioner shall as in duty bound ever pray."

// 2 // 3.

Through the Writ Petition, it is alleged that in spite of initiation of demarcation proceeding vide M.C. Case No.17 of 2022, there is no finality of the same and the Petitioner is unnecessarily being harassed. 4.

Considering the innocuous prayer involved herein, the writ Petition stands disposed of directing the Tahasildar, Mathili to conclude the demarcation proceeding in question involving the parties likely to be affected, at least within a period of two months from the date of communication of this order by the Petitioner. Petitioner undertakes to co-operate in the demarcation process. (Biswanath Rath) Judge Swarna