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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Abhiram Mohanty – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
SASHIKANTA MISHRA, J.
Order dated 20.01.2026 passed by the Additional District Magistrate, Kandhamal, Phulbani in RMA No. 1 of 2025 (Demarcation) is under challenge in the present writ application.
2. Bereft of unnecessary facts, the case of the petitioners is that they are the owners in possession of the properties recorded in the settlement ROR under Khata No. 408 in Mouza Phulbani Sahi comprising of six plots, in all measuring Ac. 0.070 decimals. These properties are claimed to be their ancestral properties. Opposite Party No.6 is the adjacent landowner which she claims to have purchased vide RSDs dated 07.08.1991 and 08.08.1991 from Ashok Kumar Satapathy and Chapala Mohapatra respectively. She alleged that the petitioners wanted to grab a portion of her land and created disturbances. According to her, though the ROR was rightly published, the area of a plot of land in Hal Map was reduced in comparison to the Sabik Map. She therefore, approached the RDC (S.D.), Berhampur by filing a revision under Section 15 (b) of the OSS Act, which was allowed by order dated 04.06.2020, directing correction of the map. The petitioners were not impleaded as parties. During pendency of
The right to appeal is strictly a statutory right, and the absence of any specific provision for appeal in demarcation cases renders such appeals unsustainable.
Quasi-judicial authorities must provide reasons for their decisions, as the reason is essential for a valid conclusion.
Parties accepting land demarcation via signed joint statement on spot cannot subsequently object or appeal, as Section 107(7) H.P. Land Revenue Act bars challenges when no objections raised during pr....
The court emphasized that failure to provide notice and consider objections in administrative proceedings violates natural justice, allowing for judicial intervention despite alternative remedies.
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