Sachidananda Pradhan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 34071 OF 2021 Sachidananda Pradhan ....
Petitioner Mr. Ramakanta Panda, Advocate -versusState of Odisha and others ....
Opp. Parties Mr. Sarojananda Mishra, Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
06.01.2022 1.
1.
This matter is taken up through hybrid mode.
2.
The Petitioner in this writ petition seeks for a direction to the Tahasildar, Athagarh to demarcate the land in Plot No.1054/1312/1463/1599 to an extent of Ac.0.13 decimals (Kissam Gharabari) under Khata No. 265/242 in mouza Kuspangi under Athagarh Tahasil in the district of Cuttack (for short 'the case land'). 3.
It is submitted by Mr. Panda, learned counsel for the Petitioner that since the boundary tenants are creating disturbance in the peaceful possession of the Petitioner, he had filed an application in proper format along with relevant documents for demarcation of the case land. Although the Tahasildar, Athagarh vide his Letter No.3127 dated 25th July, 2015 directed the Revenue Inspector, Nidhipur to demarcate the case land, but he has not taken any step to demarcate the same in presence of the Petitioner as well as boundary tenants for which the Petitioner is seriously prejudiced. He further submits that there is no civil suit, revenue or other proceeding pending in respect of the case land and there is no legal impediment
// 2 // for demarcation of the same. In that view of the matter, he prays for a direction for the aforesaid relief.
4.
Mr. Mishra, learned Additional Government Advocate submits that he has no instruction in the matter. However, if the Petitioner files a fresh application for demarcation of the case land in proper format along with requisite fee and relevant documents, the Tahasildar, Athagarh will be in a position to take appropriate steps for demarcation of the case land.
5.
Taking into consideration the submissions of learned counsel for the parties, this writ petition is disposed of with a direction that in the event the Petitioner files a fresh application before the Tahasildar, Athagarh-Opposite Party No.4 for demarcation of the case land in proper format along with requisite fee and relevant documents within a period of two weeks hence and proves that he is competent to make such an application, the Tahasildar, Athagarh-Opposite Party No.4 shall entertain the same and do the needful in accordance with law within a period of four months thereafter after giving notice to the Petitioner as well as the boundary tenants to participate in the hearing of such application and also to be present at the time of demarcation, if there is no legal impediment.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge bks