BIJAY KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners are the inhabitants of different villages under Purushottampur Gram Panchayat of Balasore district. They have field the present writ application, inter alia, challenging the Notification dated 5-9-1995 (Annexure-9) issued by the Government of Orissa. Panchayat Raj (G.P.). Department directing that the office and headquarters of the Gram Sasan of Grama Purushottampur in Basta Block of Balasore district constituted under the Notification of the Government in Panchayati Raj (G.P.) Department No. 6881 dated the 25th March 1992 shall be situated in village. Purushottampur within the limits of the said Grama.

(2.) The dispute has a chequered career inasmuch as this is the third writ application filed before this Court. Bereft of all the unnecessary details, the short facts of the case are that initially under Basta Block there was a Grama Panchayat called as 'Natakata Grama Panchayat'. The State Government taking into consideration the geographycal condition as well as population growth, by Notification dated 31-12-1991 in exercise of the powers conferred by Section 3 read with Section 149 of the Orissa Panchayat Act, 1964 (Orissa Act 1 of 1965) (hereinafter referred to as 'the Act') bifurcated the said Natakata Gram Panchayat into two i.e. Natakata Gram Panchayat and Purushottampur Gram Panchayat. The said notification further stipulated that the head - quarters of Purushottampur Gram Panchayat shall be located at Purushottampur. It is averred in the writ application that Purushottampur Gram Panchayat constituted of 14 villages and fixing of the headquarters at Purushottampur village, which is towards the extreme end of the Gram Panchayat became inconvenient to villagers of most of the villages. A representation was field by the villagers before the Government inter alia, praying to shift the headquarters of Purushottampur Grama Panchayat from village 'Purushottampur' to village 'Panisapada'. The Government in Panchayat Raj Department called for reports from the Block Development Officer and the Collector of the district. The authorities after conducting inquiry at the field, intimated the Government that the village Panishapada is well communicated and centrally placed. It was further intimated that the communication facilities to village Panishapada is convenient and that there are sufficient public land available for further development of the Grama Panchayat. The Government of Orissa in Panchayati Raj (G.P.) Department after taking into consideration the reports submitted by the Block Development Officer as well as the Sub-Collector (Annexure-2) and after fulfilling all paraphernalias, in exercise of powers conferred under sub-section (3) of Section 4 of the Act issued a Notification directing that the office and headquarters of Grama Sasan of Grama Purushottampur in Basta Block of Balasore district constituted under the Notification of the Government in Panchayati Raj (G.P.) Department No.6881 dated the 25th March, 1992 shall be situated in village Panisapada within the limits of the said Grama. The said Notification was issued on 6th Nov.1993 vide Anneuxre-4.

(3.) Being aggrieved by shifting of the headquarters from village Purushottampur to village Panisapada, some of the villagers of village "Purushottampur" approached this Court in O.J.C. No.9026 of 1993, inter alia, prying to quash the Notification dated 6-11-1993 which was annexed as Annexure 8 of the said writ application. This Court disposed of the writ application on 25-11-1993 with the following directions: