Jadaba Charan Naik vs Tahasildar
2026 Latest Caselaw 3573 Ori

Orissa High Court

Jadaba Charan Naik vs Tahasildar on 17 April, 2026

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No.14871 of 2025

       Jadaba Charan Naik                ....           Petitioner(s)

                                                             (None)
                            -versus-
      Tahasildar, Salipur and      ....        Opp. Party(s)
       others
                              Mr. Jayanta Kumar Bal, AGA
                    CORAM: JUSTICE SIBO SANKAR MISHRA

                                  ORDER

Order No.                       17.04.2026
  01.     1.        None appears for the petitioner at the time of
          call.

2. The petitioner has invoked the writ jurisdiction of this Court, inter alia, making the following relief:-

"It is therefore prayed that this Hon'ble Court may graciously be pleased to admit this writ application issue notice to the opp.parties calling upon them to fie show cause as to why the demarcation notice issued by the Tahasildar, Salipur i. e. Opp. party no.1 shall not be quashed/ set aside and after hearing parties Hon'ble Court be pleased to quash the impugned notice under Demarcation Case No.101/2025 under Annexure -5.

And such other order/orders, direction/ directions as this Hon'ble Court may deem fit and proper in favour of the petitioner. And for this act of kindness the petitioner shall, as in duty bound ever pray."

3. It is contended by the petitioner in the writ petition that part of the property in subject has been

illegally sold by opposite party No.3 to opposite party No.2. Against the said illegal selling of the part property of the petitioner, he is seeking other remedies. Meanwhile, the opposite party No.2 has initiated a demarcation proceeding, for which a notice has been issued to the petitioner. The petitioner has been assailed the said notice being aggrieved.

4. Mr. Bal, learned Additional Government Advocate appearing for the State has brought to the notice of this Court a guideline dated 13.12.2016, prescribing the procedure to be followed by the authorities in so far as demarcation applications are concerned. The said guideline dated 13.12.2016 is taken on record.

5. Perusal of the said guideline indicates that, in every such proceeding, the concerned parties are required to be afforded an opportunity of hearing and appropriate orders are to be passed thereafter. In the present case, the impugned demarcation notice dated 11.05.2025 directed the petitioner to appear before the Tahasildar, Salipur on 19.05.2025. However, nothing has been brought on record as to what has happed on the said date.

6. Be that as it may, since the opposite party No.1 is duty bound to follow the guidelines dated 13.12.2016, it is expected that the petitioner shall be afforded opportunity of hearing before proceeding in

the demarcation case. At this stage of notice being issued by the Tahasildar, no order necessitated to be issued

7. With this observation, the writ petition is disposed of.

(S.S. Mishra) Judge

Swarna

Location: High Court of Orissa