W.P.(C) No. 3011 of 2021

I.A. No. 7182 of 2021

05. 12.05.2021

This

matter

is

taken

up

through

video

conferencing mode.

2.

Heard Mr. Bibekananda Bhuyan, learned counsel

for the petitioners and Mr. Swayambhu Mishra, learned

Additional Standing Counsel for the State-opposite

parties.

3.

This I.A. has been filed by the petitioners for a

direction to the opposite parties to co-operate with the

petitioners to construct a protection wall on the

northern side of Plot No.660 at their own cost on the

basis of the demarcation report of the Revenue

Inspector, Tangi-Choudwar-opposite party No.4 dated

18.12.2020 (Annexure-3) in Demarcation Case No. 26 of

2020.

4.

In course of hearing, learned counsel for the

parties submits that in view of the prayer made in the

interim application, this writ petition can be disposed of

with appropriate direction.

5.

Mr. Bhuyan, learned counsel for the petitioners

submits that Plot No.660 under Khata No.87 of mouza-

Kayalpada under Tangi-Choudwar tahasil in the district

of Cuttack (for short 8the case land9) is recorded in the

name of the petitioners under sthitiban status. When

the dispute arose with regard to boundary of both the

plots, Demarcation Case No.26 of 2021 was initiated on

the file of the Tahasildar, Tangi-Choudwar and after

measurement conducted by the Revenue Inspector with

W.P.(C) No. 3011 of 201

2

notice to all concerned, a report was submitted on

18.12.2020 under Annexure-3 indicating that some

portion of the said Plot No. 660 has been amalgamated

to Government Plot No.1301 (tank). In support of his

submission Mr. Bhuyan, learned counsel for the

petitioners referred to paragraph-4 of the counter

affidavit filed by the Tahasildar, Tangi-Choudwar-

Opposite Party No.4, which runs thus;

<4.

That it is submitted that an application

was made by Sri Narottam Rout, one of the

co-owners for demarcation of their land under

Plot No. 659, Ac. 0.090 dec and Plot No. 660,

Ac.0.080 dec. of Kisam- Patita, under Khata

No.87 of Mouza- Kayalpada, Tahasil-Tangi-

Choudwar, Dist.-Cuttack. On verification of

records, it was found that the property in

question is the sthitiban property of the

petitioners and they have also paid up-to-date

annual rent in respect of the said land.

Accordingly, Demarcation Case No. 26 of

2020 was registered and date of demarcation

was fixed to 18.12.2020 with notice to all

concerned. As per the schedule, petitioners9

land was measured and demarcated by the

Government

Amins

in

presence

of

the

applicant, adjacent land owners, Officers of

the Choudwar Police Station and other

villagers of Kayalpada village. Since on the

eastern side of the petitioners9 land, there is

Kayalpada Gram Panchayat Office and on the

southern side of their land, the Government

tank which is auctioned by Kayalpada Gram

Panchayat exist, pursuant to the notice, the

Executive

Officer

of

Kayalpada

Gram

Panchayat also remained present on behalf of

the Block Development Officer as well as

Gram Panchayat. After demarcation, it was

found that some portion of petitioners9 land

(Plot No. 660) has been amalgamated to the

Government tank. The Certified copy of the

R.I. report and the sketch map in respect of

the

aforesaid

measurement

have

been

3

provided to the petitioners and annexed by

them to the writ petition as Annexure-3.=

5.1

There is a dispute with regard to construction of

embankment of the Government tank to prevent soil

erosion from the case land. However, referring to the

affidavit filed by the Tahasildar, Tangi-Choudwar,

wherein it is stated in paragraph-5 that in view of the

clear demarcation of the petitioners9 land and delivery of

possession made in their favour it is open to the

petitioners to construct the southern side protection

wall on their Plot No. 660 at their own cost to save their

property,

Mr.

Bhuyan,

lea