Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11091 of 2025 Susant Kumar Malik & Ors. ..... Petitioners Mr. K. K. Rout Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. Bibekananda Nayak, AGA CORAM: THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 15.09.2025 06. 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. The Petitioners, by filing the Writ Petition, have made the following prayer:- “Under the circumstances stated above, the petitioner prays that the Hon'ble Court be pleased to admit the writ application, issue notice to the opposite parties and after hearing from the Advocates of the parties, issue a writ in nature of Mandamus or any other suitable writ directing the opposite parties not to conduct any survey covering the above stated land of the Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 18-Sep-2025 16:04:57 Signature Not Verified Page 2 of 4. petitioners appertaining to Khata no.44 in Mouza Taneipada under Rajkanika tahasil in the district of Kendrapara and not to construct any road over their land /or alternatively acquire the land for the genuine public purpose , if any for ends of justice and equity. And/or may pass any other appropriate order as this Hon'ble court deems just and proper . And the petitioner as in duty bound shall ever pray.” 4. Heard learned counsel for the parties. 5. Learned counsel for the Petitioners submits that the Petitioners are the recorded owners of the land appertaining to hal plot No. 291 measuring an Area of Ac.0.2 decimal with the classification "Gharabari" and hal plot No.663 measuring an Area Ac.0.07 dec., plot No. 664 measuring an Area Ac.0.07 dec., plot No. 662 measuring an Area Ac. 0.079 dec. and plot No. 288 measuring an Area Ac. 0.050 dec., plot No. 289 measuring an Area Ac.0.050 dec. under Khata no.44 in mouza Taneipada. The Opposite Parties floated a tender for construction and maintenance of road from Upulei to Badapanka via Nuagaon under MMSY-TRIP under Rajkanika Block in the district of Kendrapara and the work order has been Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 18-Sep-2025 16:04:57 Signature Not Verified Page 3 of 4. assigned to Sai Krishna Construction, the Opposite Party No.5. The Opposite Party No.5 was requested by the authorities to attend the office of the Opposite Party No.2 with original documents. The Opposite Party Nos.2 to 6 visited the village of the Petitioners on 26.03.2025 and they conducted a survey over the above mentioned land of the Petitioners to lay/construct the said road covering major portion of the above plots of the Petitioners. The Petitioner No.1 produced a photocopy of the R.O.R. No.44 before the Opposite Parties and requested them to lay the road on Government land which is lying besides the land of the Petitioners. Though, the authorities verified the documents (R.O.R.) produced by the Petitioner No.l but, insisted the Contractor as well as the executing agency, the Opposite Paty No.6 to construct the road over the recorded land of the petitioners. So, the Petitioner brought the above facts to the notice of the Collector, Kendrapara, Tahasildar, Kanika and all other authorities them to look into the matter and construct the road over Government land. But, the authorities for the reasons best known to them have been insisting to Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 18-Sep-2025 16:04:57 Signature Not Verified Page 4 of 4. construct the road over the Stitiban land of the petitioners. Hence, this case. 6. Considering the above submissions and on going through the averments made in this Writ Petition, this Court directs the Opposite Party No.8/ Tahasildar, Kanika to verify and conduct a joint demarcation in presence of the present Petitioners and the relevant stakeholders. 7. The Writ Petition is disposed of, accordingly. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali