Durga Nandini Mohanty & Others vs State Of Odisha & Others .... Opp. ...
2026 Latest Caselaw 3121 Ori

Orissa High Court

Durga Nandini Mohanty & Others vs State Of Odisha & Others .... Opp. ... on 6 April, 2026

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No.4804 of 2026
            Durga Nandini Mohanty & Others              ....         Petitioners
                                                               Represented by
                                           Mr. G. Mukherji, Sr. Advocate with
                                                     Mr. A. Acharya, Advocate
                                         -Versus-
            State of Odisha & Others                    ....       Opp. Parties
                                                               Represented by
                                                             Mr. S.N. Patnaik,
                                              Additional Government Advocate
                  CORAM:
                       JUSTICE SASHIKANTA MISHRA
                                           ORDER

06.04.2026 Order No.

05. 1. This matter is taken up through hybrid mode. . 2. A compliance affidavit has been filed by the State counsel in Court today enclosing copy of order dated 24.03.2026, as per which joint field verification sought to be undertaken pursuant to the order of Commissioner was not done on the ground that the petitioners were absent, though, Opposite Party Nos.2 to 4 were present. The compliance affidavit be kept on record.

3. Mr. Mukherji, learned Senior Counsel appearing for the petitioners submits that the Petitioner No.1 resides in the village and had sent her representative to the spot but the same was not taken note of by the Revenue Inspector. He further submits that having relinquished their interest over the land in question, the Opposite Party Nos.5 and 6 may not have any interest to appear and in such event, the field verification can never happen. This Court appreciates the concern raised by Mr. Mukherji.

4. Mr. Patnaik, learned Additional Government Advocate submits that if the petitioners cooperate, the field verification can be conducted again.

5. Without getting into the controversy, this Court directs the field verification to be done on 9th of this month. The petitioner or her represented shall remain present at the spot at 10;00 AM. Such presence shall be duly taken note of by the concerned RI, who shall also try to ensure the presence of all other necessary parties.

6. This Court makes it clear that the field verification shall be completed on that day irrespective of the presence of the parties and a report be submitted to this Court. Consequently, order dated 24.03.2026 passed by the Additional Tahasildar Sadar, Cuttack shall be ignored and a fresh order shall be passed.

7. List this matter on 10th April, 2026.

8. A free copy of this order be supplied to Mr. Patnaik, learned Additional Government Advocate for compliance.

(Sashikanta Mishra) Judge

Puspanjali

Designation: Junior Stenographer

Location: High Court of Orissa, Cuttack. Date: 07-Apr-2026 15:55:59