Citation : 2026 Latest Caselaw 3718 Ori
Judgement Date : 22 April, 2026
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: SENIOR STENOGRAPHER
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 23-Apr-2026 17:26:38
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 6069 OF 2016
Laxmipriya Mishra .... Petitioner
Mr. Dayananda Mohapatra, Senior Advocate
being assisted by
Mr. Amit Kumar Parida, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Siba Narayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 22.04.2026
15. 1. This matter is taken up through hybrid mode.
2. The matter was listed on 9th April, 2026, when Mr. Manmaya Kumar Dash, learned Additional Standing Counsel prayed for three days time to file an affidavit of the Tahasildar, Puri in terms of the order dated 12th February, 2026.
3. Today, Mr. Biswal, learned Additional Standing Counsel submits that the affidavit of the Tahasildar, Puri has already been e-filed on 21st April, 2026.
4. Hence, it appears that Mr. Dash, learned Additional Standing Counsel has not acted in terms of his submission made vide order dated 9th April, 2026.
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack Date: 23-Apr-2026 17:26:38
5. The said affidavit is received from the Registry and is taken on record. Copy of the same has already been served on learned counsel for the Petitioner.
6. On perusal of the affidavit filed by the Tahasildar, Puri, it appears from Paragraph-4 that, the Tahasildar-cum-O.E.A. Collector, Puri on verification of the records, ascertained that O.E.A. Case No.658 of 1987 was initiated by his office. On further verification of documents annexed to the writ petition, it was ascertained that the case record with O.E.A. Case No.658 of 1987 was directed to be sent for confirmation of the S.D.O., Puri or the Sub-Collector, Puri vide order dated 26th December, 1988 of the Additional Tahasildar, Puri. It was also stated inter alia that the said record could not be traced out in the record room of his office.
7. From the affidavit, it is not clear as to whether the Tahasildar, Puri has verified the case record with the Sub- Collector, Puri. The Tahasildar, Puri appears to have searched for the case record only in his record room. Thus, it appears that the Tahasildar, Puri was not serious in searching out the case record of O.E.A. Case No.658 of 1987.
8. In spite of several opportunities granted to the Tahasildar, Puri, an affidavit has been filed, which does not disclose that the Tahasildar, Puri is serious in searching out the case record of O.E.A. Case No.658 of 1987.
9. Hence, this Court is constrained to direct the Collector, Puri to make an enquiry into the matter and submit a report.
10. In view of the above, the Collector and District Magistrate, Puri, is directed to make an enquiry into the matter and submit a
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack Date: 23-Apr-2026 17:26:38
report to this Court within a period of three weeks hence, along with an affidavit.
11. Put up this matter on 8th July, 2026 under the heading 'Stayed Matters'.
12. Interim order dated 9th May, 2018 passed in I.A. No.6070 of 2018 shall continue till the next date.
13. In the meantime, the Tahasildar, Puri shall also make an endeavour either to search out the O.E.A. case record of O.E.A. Case No.658 of 1987 or to reconstitute the same. The Petitioner is directed to cooperate with the Tahasildar, Puri in that regard, if so required by the Tahasildar.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
ms Judge
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