Hrushikesh Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 25561 OF 2022 Hrushikesh Sahoo ....

Petitioner Mr. D.R. Mishra, Advocate -versusState of Odisha and others .... Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

19.12.2022

3. 1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction to the Tahasildar, Athamallik-Opposite Party No.4 to demarcate Plot No.1282/1512 to an extent of Ac.0.040 decimals under Khata No.80/254, Kissam-Gharabari situated in mouza Bandhupali under Athagarh Tahasil in the district of Angul (for short 'the case land').

3.

It is submitted by Mr. Mishra, learned counsel that the Petitioner had approached this Court earlier in W.P.(C) No.40049 of 2021 for demarcation of the case land, which was disposed of on 27th January, 2022. He further submits that direction of this Court could not be complied with because of interference of the anti-socials. Hence, this writ petition has been filed for the aforesaid relief with a prayer to take police assistance, if necessary.

4.

Mr. Mishra, learned Additional Standing Counsel, on instruction, submits that pursuant to the direction of this Court in W.P.(C) No.40049 of 2021, demarcation has already been

// 2 // made on 20th May, 2022 in presence of the Petitioner and witnesses including the R.I. of Madhapur. He, therefore, submits that the prayer made in the writ petition does not subsist.

5.

In view of the disputed questions of fact involved, this Court is not inclined to entertain the prayer made in the writ petition.

6.

Accordingly, this writ petition is disposed of. 7.

It is open to the Petitioner to work out his remedy in accordance with law.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge