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2025 DAILYLAW 5997 (ORI)

GADADHAR SAHU v. STATE OF ODISHA

WP(C)/21515/2025 · 2026-05-05

Sashikanta Mishra

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.21515 of 2025 Gadadhar Sahu & Others ..... Petitioner Mr. S.B. Mohanty, Advocate -Versus- State of Odisha & Others …. Opp. Parties Mr. S.N Patnaik, AGA Mr. S. Mishra, Adv. For O.P. Nos. 4 & 5 CORAM: THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA ORDER 05.05.2026 1. This matter is taken up through hybrid mode. 2. Heard learned Counsel for the petitioner and learned Addl. Government Advocate for the State. 3. Mr. S. B. Mohanty, learned counsel for the petitioner submits that the petitioner apprehends that a portion of his land may have been amalgamated with Government Road or the land recorded in favour of the Municipality adjacent to his land. 4. Mr. S. Mishra, learned counsel for private opposite parties refutes such submission by submitting that there is a discrepancy between the area claimed to have been purchased by the petitioner and the area actually recorded and therefore, the private opposite parties shall be seriously prejudiced. He further submits that a civil suit concerning the same land is also pending. 5. Learned State Counsel draws attention of this Court to the report of the RI, wherein the names of the boundary tenants are clearly mentioned. There is no mention of any public road or land belonging to Municipality being adjacent to the petitioner’s land in the report of the RI. The application for demarcation also does not Order No. 07. p. 2 make any mention of them. 6. Under such circumstances, this Court does not find any illegality in the impugned order, moreso as a civil suit is presently pending. The writ petition is disposed of without interfering with the impugned order. It shall be open to the petitioner to seek demarcation of the property in question by specifically mentioning all the boundary tenants. If such application is filed, the Tahasildar shall dispose of the same having due regard to the provisions of the Guidelines dated 15.10.2025 and pass order accordingly. It goes without saying that if such application is considered by the Tahasildar, he shall dispose of the same only after granting opportunity of hearing to all boundary tenants. (Sashikanta Mishra) Judge A.K. Rana Designation: P.A.