Jayanti Jena vs Collector
2025 Latest Caselaw 8479 Ori

Orissa High Court

Jayanti Jena vs Collector on 19 September, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P. (C) No.30620 of 2024
            Jayanti Jena                             ....            Petitioner
                                                   Mr. K.K.Mishra, Advocate
                                        -Versus-
            Collector, Ganjam & Another              ....    Opposite Parties
                                                     Mr. P.K. Ray, AGA
                                   Mr.A.P. Bose, Advocate for Interveners


                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK
                                        ORDER

Order No.                              19.09.2025

                        I.A. Nos. 16401, 16402 & 16403 of 2025

    02.     1.      Heard learned counsel for the respective parties.

2. Instant I.As. are filed seeking impletion, recall of the Court' order in W.P.(C) No. 30620 of 2024 and stay operation of the directions issued therein on the grounds stated.

3. Mr. Bose, learned counsel for the interveners submits that a direction for demarcation is in respect of the case land, as against which, a decree is in favour of the interveners and while claiming so, he refers to copy of the judgment at Annexure-1/B to the I.A. It is further submitted that the vendor of the interveners has also obtained a decree vide Annexure-1/C and also about pendency of a suit in C.S. No. 198 of 2024 in respect of another land but involving the writ petitioner and under such circumstances, the direction of this Court in W.P. (C) No.

30620 of 2024 is required to be recalled or modified otherwise the interveners would be prejudiced.

4. Recorded the submission of Mr. Mishra, learned counsel for the petitioner, according to whom, the demarcation directed in not in respect of the case land claimed by the interveners.

5. All such facts brought to the notice of the Court have not been pleaded earlier as made to reveal from the record. The Court has directed demarcation of the schedule land morefully described by the order dated 7th December, 2024 complying the guidelines and SOP issued by the State Government. In view of inter se dispute between the parties and since such a direction has been issued for demarcation, the Court is of the view that instead of recalling the order dated 7th December, 2024, the interveners should be allowed to file objections and upon receiving the same, the concerned Tahasildar to pass appropriate order before proceeding for demarcation and accordingly, it is ordered. It is further directed that the interveners shall co-operate in the proceeding pending before the Additional Tahasildar, Berhampur, who shall dispose it of in compliance of the Court's order in W.P. (C) No. 30620 of 2024 but keeping in view the observations made hereinabove.

6. Urgent copy of this order be issued as per the rules and in course of the day.

Signed by: KABITARANI MAJHI                                               (R.K. Pattanaik)

Reason: Authentication                                                        Judge
Location: OHC, Cuttack
                         kabita
Date: 19-Sep-2025 17:18:31