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2025 DAILYLAW 2012 (ORI)

PADMALAYA NAYAK v. THE TAHASILDAR, HATADIHI

WP(C)/37358/2025 · 2026-04-16

Sibo Sankar Mishra

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.37358 of 2025 Padmalaya Nayak …. Petitioner Mr. Tapan Kumar Mohanty, Advocate -versus- The Tahasildar, Hatadihi & another …. Opp. Parties Mr. Debaraj Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 16.04.2026 01. 1. Heard. 2. The petitioner is invoking the writ jurisdiction of this Court to explore the following relief:- “to pass an appropriate order directing the opp. party no.1 not to initiate any demarcation proceeding pending disposal of C.S. No.88 of 2025 and further be pleased to pass such other order/orders, direction/ directions as this Hon’ble Court deems fit and proper under the facts and circumstances of the case.” 3. It is admitted that the Civil Suit bearing C.S. No.88 of 2025 is pending at the instance of the present petitioner wherein the opposite party no.2 is Subhasis the defendant. The opposite party no.2 has initiated the impugned proceeding before the opposite party no.1. 4. By way of the present writ petition, the petitioner is seeking injunction against the opposite party no.2 for not proceeding against him during pendency of the writ petition pertaining to the suit property. The relief sought by the petitioner lies before the Civil Court. Hence, learned counsel for the petitioner seeks to withdraw the present writ petition to file appropriate application before the suit Court for redressal of her grievance. If such application is moved before the trial Court, the learned trial Court is expected to do well to address the issue in accordance with law. 5. With the aforementioned observation, the writ petition is disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack.