Nabaghana Rout vs Jogendra Khuntia And
2025 Latest Caselaw 10411 Ori

Orissa High Court

Nabaghana Rout vs Jogendra Khuntia And on 25 November, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK


                              R.S.A. No.273 of 2025


       Nabaghana Rout                        .....                      Appellant

                                                       Represented by

                                                       Mr.J. Pradhan, Advocate

                                      -versus-
       Jogendra Khuntia and                  .....                  Respondents
       another

                                                      Represented by None.

                                     CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

25.11.2025.

Order No.

01. 1. This matter is taken up through hybrid mode.

2. Heard Mr. J. Pradhan, learned counsel for the appellant, on the question of admission. Perused the judgments passed by the lower appellate Court as well as the trial Court.

3. Considering the submissions and the grounds raised, the RSA is admitted on the following substantial questions of law;

(i) When the plaintiff's suit for permanent injunction is not based on right of

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easement, but based on his right to approach public road through Government land from every point of his land and alternate passage is no bar to claim such right;

Whether the learned Appellate Court has committed error of law in distinguishing the ratio laid down by this Hon'ble Court in the case of "Lalbihari Basa Vs. Bijaya Kumar Mahota" on the ground that the plaintiff has an alternative passage, which is otherwise erroneous?

(ii) When the property in question is a Government land and reserved for communal purpose, whether the conclusion of the learned Appellate Court that the plaintiff cannot resist action of the defendants and it is for the Government to take necessary action, is sustainable in law?

4. Call for the L.C.R.

5. Issue notice to the Respondents by Speed Post fixing a short returnable date. Requisites be filed within three working days.

                                                (Sashikanta Mishra)
AKB                                                  Judge





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02. 1. Status quo as on date with regard to the suit property shall be maintained till the next date.

(Sashikanta Mishra) Judge

Location: High Court of Orissa, Cuttack