Orissa High Court
P. Sitaram Patra And Others vs State Of Odisha .... Opp. Party on 11 September, 2025
Bench: K.R. Mohapatra, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Sep-2025 15:30:10
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 13045 OF 2005
P. Sitaram Patra and others .... Petitioners
Mr. Ramakanta Mohanty, Senior Advocate
being assisted by Mrs. Sumitra Mohanty, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 11.09.2025
13. 1. This matter is taken up through hybrid mode.
2. Mr. Mohanty, learned Senior Advocate appearing for the
Petitioners submits that the land in question originally belonged to
one, S.K. Mitra. Said S.K. Mitra had filed T.S. No.19 of 1986 (T.S.
No.60 of 1984 BS JC) for delivery of possession of the disputed
land and for declaration of right of way to the disputed land and for
damages. The matter came up before this Court in S.A. No.63 of
1995. During pendency of the SA before this Court, the Petitioners
purchased the land, i.e., Ac. 1.57 decimals from the legal heirs of
said S.K. Mitra by virtue of two Registered Sale Deeds, one for
Ac.0.184 decimals of land pertaining to Plot No.2301/6938 and
another for Ac.0.066 decimals pertaining to Plot No.2303/6939.
3. This Court in its judgment dated 8th December, 1999,
disposed of the SA with the finding, as reproduced hereunder:
"6. In view of the finding that portion of the land bad
remained unacquired, there can be no doubt that the Plaintiff
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 12-Sep-2025 15:30:10
title over the same. The identity of the suit land is no longer in
dispute. The only question is whether the suit land should be
acquired by the State Government or whether a passage can be
given for use of the plaintiff. On this aspect, the learned
counsel for the defendant-appellants was, asked to take
instruction. On the basis of such order, a letter was issued by
the Principal, M.K.C.G. Medicla College, Berhampur, to
learned Standing Counsel on 20.2.1999. From the said letter,
it appears that previously a road of 30 feet width was existing.
It is also indicated that of 18 feet width from the existing road
between the compound wall of Eye Department and the Office
of the D.I.G., Southern Range, Berhampur, which was
previously connecting the disputed land can be ear-marked for
being used as a road by the plaintiff, on the basis of the
aforesaid letter, the learned counsel for the plaintiff-
respondent took instruction and submitted that unless a
passage of 30 feet width is given, the Berhampur Development
Authority shall not grant permission for the purpose of making
any construction on the suit land. In view of such admission,
by order dated 5.10.1999, Shri D.K. Mohapatra, who
ordinarily appears for Berhampur Development Authority in
many of the cases in High Court was requested to remain
present for the purpose of obtaining Instruction. Accordingly,
Shri D.K. Mohapatra on being requested by the Court
corresponded with the Berhampur Development Authority and
on instruction has produced a copy of the letter dated
30.11.1999 addressed to him by the Town & Regional
Planning Member of Berhampur Development Authority. From
the said letter, it appears that the minimum width of the road
should not be less than 20 (Twenty) feet (i.e. six metres).
Having regard to the contents of the letter dated 30.11.1959
and the letter dated 20th February, 1999, and in the interest of
justice, I dispose of the Second Appeal with a direction to the
defendant-appellants to demarcate a road of Twenty feet width
from the portion of the land existing between the Eye
Department Compound wall and the Office of the D.I.G.,
Southern Range. Berhampur. The aforesaid passage
connecting the land of the plaintiff to the road will be
demarcated and shall be ear-marked for the purpose of use as
a road and the Medical College authorities would be free to
construct a compound wall after leaving aside a road of 20
(Twenty) feet width. The decree of the trial court as well as the
appellate court is modified to the aforesaid extent. The letter
written by the Berhampur Development Authority and the
letter of the Principal, M.K.C.G. Medical College, Berhampur,
shall form part of the record as exhibited marked on behalf of
the Court.
7. A ticklish problem which would have otherwise lingered
has been amicably solved due to cooperative attitude evinced
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 12-Sep-2025 15:30:10
by the appellants as well as Berhampur Development Authority
and the counsels appearing for the parties. I place on record
my appreciation of the services rendered by Smt. S. Jena,
Additional Standing Counsel, Shri B.K. Nayak, counsel for
plaintiff-respondent and Shri Dhirendra Kunar Mohapatra,
counsel for Berhampur Development Authority."
4. Pursuant to the direction of this Court in SA, the Petitioners
made an application to deliver possession of Ac.1.57 decimals of
land to them. In the meantime, Ac.1.31 decimals of land has already
been delivered. But, remaining Ac.0.26 decimals was not delivered
on the plea that the said land is in possession of the Office of the
D.I.G., Southern Range, Berhampur. However, the Petitioners have
made application to deliver the possession of the land to them,
which is pending.
5. Mr. Mishra, learned Additional Standing Counsel submits
that last written instruction available in the case record discloses that
the order passed by this Court in S.A. No.63 of 1995 has already
been complied with, which means that 20 ft. road for access of the
Petitioners to their land has been delivered. He, however, prays for
an adjournment to take complete instruction in the matter.
6. Put up this matter on 14th October, 2025 under the heading
"Old Matters".
7. Detail instruction along with an affidavit of a Competent
Officer shall be filed by that date serving copy thereof on learned
counsel for the Petitioners.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
ms Judge
