ORISSA HIGH COURT : CUTTACK

WP(C) No.28892 of 2025

An application under Articles 226 & 227 of the Constitution of

India. ***

Mataji Behera

… Petitioner.

-VERSUS-

State of Odisha & Others

… Opposite Parties

Counsel appeared for the parties:

For the Petitioner : Mr. S.K. Nayak (2), Advocate

For the Opposite Parties : Ms. J. Sahoo, Addl. Standing Counsel.

P R E S E N T: HONOURABLE

MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 17.11.2025 :: Date of Judgment : 17.11.2025

JUDGMENT

ANANDA CHANDRA BEHERA, J.

1.

This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the order dated 21.06.2024 (Annexure-3) passed in Demarcation Case No.60 of 2024 by the Addl. Tahasildar, Tihidi (Opp. Party No.3), because, the said Demarcation Case was dismissed for the default of the petitioner (who was also the petitioner in the Demarcation Case No.60 of 2024).

2. I have already heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State.

3. The petitioner is eagerly interested for the disposal of the Demarcation Case No.60 of 2024 on merit on his participation after setting aside of the dismissal order of that Demarcation Case No.60 of 2024 passed on dated 21.06.2024 by the Addl.

Tahasildar, Tihidi (Opp. Party No.3).

When the petitioner is eagerly interested for the disposal of the Demarcation Case No.60 of 2024 on his full co-

operation and participation and when he (petitioner) was not provided with any opportunity of being heard and participation in the Demarcation Case and when it is the settled propositions of law that, the Courts or Authorities should always try to dispose of the cases or proceedings on merit instead of disposing of the same on any technical ground like default of the parties, for no other reason, but only in order to avoid the multiplicity of litigations between the parties for the self-same subject matter, then, at this juncture, by applying the above principles of law to this matter at hand, it is felt proper to dispose of this writ petition filed by the petitioner remitting the matter i.e. Demarcation Case No.60 of 2024 back to the Addl. Tahasildar, Tihidi (Opp. Party No.3) after setting aside its dismissal order dated 21.06.2024 for deciding afresh and disposing of the same afresh as per law.

As such, the writ petition filed by the petitioner is allowed.

4. The impugned order dated 21.06.2024 (Annexure-3) passed in Demarcation Case No.60 of 2024 by the Addl.

Tahasildar, Tihidi (Opp. Party No.3) is quashed/set aside. The matter vide Demarcation Case No.60 of 2024 is remitted back to the Addl. Tahasildar, Tihidi (Opp. Party No.3) for deciding and disposing of the same afresh on merit as per law after giving opportunity of being heard to the parties including the petitioner as expeditiously as possible within a period of one month from the date of filing of the certified copy of this Judgment by the petitioner.

5. As such, this writ petition filed by the petitioner is disposed of finally.

(ANANDA CHANDRA BEHERA)

JUDGE High Court of Orissa, Cuttack The 17 .11. 2025// Rati Ranjan Nayak Sr. Stenographer Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India.

Date: 18-Nov-2025 18:30:47