Satrughna Jena v. Tahasildar, Remuna

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28337 OF 2022 Satrughna Jena ....

Petitioner(s) Mr.D.P.Mohanty,Adv.

-versusTahasildar, Remuna ....

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

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

01.11.2022 01.

1.

Heard learned counsel for the Parties.

2.

Petitioner has a serious grievance in initiation of an exercise for demarcation by the Tahasildar, Remuna involving the property involved herein at Annexure-10 on the premises of pendency of civil suit between the parties appearing C.S. No.1659 of 2006 vide Annexure-8 involved herein also involving selfsame property. 3.

Keeping in view the above this Court feels it appropriate permits the Petitioner to raise his objection in indicating the difficulty in undertaking the demarcation exercise in the pendency of a civil suit by giving written objection at least within a period of seven days. In the event the objection filed by the Petitioner within seven days, the Tahasildar shall do well in first undertaking the exercise in considering the objection of the Petitioner and if the decision disfavor the Petitioner may proceed with the demarcation, while taking such decision the Tahasildar, Remuna shall keep in view the nature of dispute pending between the Parties in the civil suit and if

// 2 // demarcation exercise at this stage is likely to be affecting the prospect of the parties in the civil suit.

4.

The Writ Petition thus stands disposed of.

(Biswanath Rath) Judge Swarna