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2026 DAILYLAW 7220 (ORI)

ASHOK KUMAR ROUT v. STATE OF ODISHA

WP(C)/10990/2026 · 2026-04-27

Sashikanta Mishra

Writ Petition (Civil)body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 10990 of 2026 Ashok Kumar Rout … Petitioner Mr. S.K. Nayak (2), Adv. -Versus - State of Odisha and others … Opp. Parties Ms. J. Sahoo, ASC CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 27.04.2026 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State. 3. The petitioner’s application for demarcation was rejected by Tahasildar, Kanika on the ground that a Civil Suit is pending in respect of the land proposed to be demarcated. 4. Mr. Nayak, learned counsel for the petitioner submits that his land is not involved in the Civil Suit referred to by the Tahasildar. He has enclosed copy of order dated 17.11.2024 passed by learned Civil Judge, Jr. Division, Aul in I.A. No. 42 of 2024 arising out of C.S. No. 48 of 2024, wherein an interlocutory order has been passed specifically referring to the suit land. The Tahasildar does not appear to have taken note of the specific order passed by the said Court. 5. The writ petition is therefore, allowed. The impugned order is set aside. The matter is remitted to the Tahasildar, Kanika to ascertain the particulars of the land involved in the aforementioned Civil Suit. In case, the petitioner is able to prove that his land is not Order No. 01. p. 2 involved in the pending suit, the Tahasildar shall proceed with the demarcation without any further delay. (Sashikanta Mishra) A.K. Rana Judge Designation: P.A.