JAYASHREE PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the Tahasildar, Bhubaneswar (Opp. Party No.3) to receive/accept the application for Demarcation, if filed by the petitioner, because, the Tahasildar, Bhubaneswar (Opp. Party No.3) orally refused to receive the application for Demarcation of the petitioner.

(2.) Heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State.

(3.) The law concerning refusal of the Tahasildar to receive an application for Demarcation submitted by a party like the petitioner has already been clarified in the ratio of the following decision: I. In a case between Sunil Kumar Yadav Vs. District Magistrate & Others reported in 2025 (3) Civ.C.C. (Allh.) 159 that, if any party files an application before any authority or Court, the authority or Court cannot orally refuse to accept that application, but, as per law, he is to receive the same and to register the same as a case as per law and then, to proceed with the same for passing necessary order as per law, but, any authority or Court cannot orally refuse to receive the application of a party.