KALPANA SINGH Vs. SANKUNTAIA MOHANTY

JUDGEMENT

(1.) Heard Sri S.K. Nayak, learned Counsel for the petitioner and Sri P.K. Rath, learned Counsel for the opposite party.

(2.) This Civil Misc. Petition involves an order rejecting the objection of the present petitioner in the matter of acceptance of the Survey Knowing Commissioner's report.

(3.) Challenging the impugned order, Sri Nayak, learned Counsel for the petitioner submitted that law required for measurement at the instance of the Survey Knowing Commissioner is dependent on the measurement taking into consideration the fixed point and further in absence of any fixed point following the direction of this Court in Badan Prasad Jaswal v. Bira Khamari and another reported in 1989 (II) OLR 161 . It is thus contended that in absence of a fixed point, it was incumbent upon the Survey Knowing Commissioner to find out other permanent structures, such as temples, old trees or the like near about the plot and to take measurement accordingly.