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2026 DAILYLAW 5641 (ORI)

BRAJAKISHORE MOHANTY v. STATE OF ODISHA

WP(C)/8232/2026 · 2026-03-24

Sashikanta Mishra

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8232 of 2026 CORAM: JUSTICE SASHIKANTA MISHRA ORDER 24.03.2026 1. This matter is taken up through hybrid mode. 2. The petitioner filed a case for demarcation in respect of the case land being Demarcation Case No.15 of 2024 before the Tahasildar, Simulia. 3. Notice having been served on the boundary tenants, their relatives stated that both the recorded tenants were staying outside and hence requested for two months’ time. Although time was sought, the same was not allowed taking note of the fact that the petitioner is a senior citizen. The demarcation fee was paid and the Revenue Inspector and the Amin were directed to demarcate the land. 4. On 12.12.2025 however, the demarcation case was closed on the ground that the boundary tenants along with their family members were absent. This clearly contradicts the order dated 04.12.2025, whereby the very same Tahasildar refused to grant time sought for on behalf of the boundary tenants on the ground of their absence. Brajakishore Mohanty .… Petitioner Represented by Mr. S.K. Samantaray, Advocate -Versus- State of Odisha & Others .… Opp. Parties Represented by Mr. S.S. Routray, Additional Standing Counsel Order No. 01. . 5. It is surprising that despite rejecting the prayer for grant of time, the demarcation case was closed only on the ground of their absence. As a result, the petitioner, who has no fault, has been made to suffer. The impugned order dated 12.12.2025 is therefore, set aside. The matter is remitted to the Tahasildar, Simulia to conduct demarcation afresh by issuing notice to all concerned. The demarcation case shall be concluded as early as possible, preferably within six weeks from the date of production of certified copy of this order by the petitioner. (Sashikanta Mishra) Judge Puspanjali Designation: Junior Stenographer Location: High Court of Orissa, Cuttack.