MANOJ KUMAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioners, who are the residents of village Singhagaon and Raulia, under Singhagaon Grama Panchayat have challenged Annexure -1, the letter dated 28.4.2003 issued by the District Panchayat Officer, Kendrapara, (opposite party No. 4) directing the Block Development Officer, Pattamundai (opposite party No. 6) to construct the Singhagaon Grama Panchayat Godown at village -Krushnadaspur.

(2.) AS per the writ petition, Singhagaon Gram Panchayat consists of three mouzas namely, Singhadgaon, Raulia and Krushnadaspur, having voterstrength 1163, 286 and 592 respectively. The Government, in Panchayat Raj Department, have declared mouza Singhagaon as the G.P. headquarters. As per the instruction of the Director, P.R. and Ex -Officio, Addl. Secretary to Government, Panchayat Raj Department (opp. party No. 2) under Annexure -8, the B.D.O, . Pattamundai (opp. party No. 6) vide letter No. 958 dated 2.5.2002 instructed the Sarpanchs of all the Gram Panchayats to construct a Godown to store the levy rice in each panchayat and to commence the work from May, 2002. Accordingly, the Sarpanch of Singhagaon G.P.(opp. party No. 7) acquired one plot from Nrusingha Charan Das and Anr. plot contiguous to it, from Nandakishore Das by way of gifts for the purpose of construction of the Godown. Thereafter, opp.party No. 7 issued work order in favour of Shri Brahmananda Mallick for construction of the G.P. Godown at an estimated cost of Rs.1, 14, 000/ - in village Singhagaon, on the basis of the Panchayat Resolution dated 25.7.2003. Immediately thereafter, Shri Mallick started constructing the Godown and it has already been constructed up to plinth level. But, in the meantime, the letter under Annexure -1, was issued directing to construct the G.P. Godown in village Krushnadaspur. Hence, the writ petition.

(3.) IN their counter, opp.parties 3, 4 and 6 contended that as per the report dated 19.4.2003 of the Addl. Project Director (Tech) DRDA, Kendrapara, Singhagaon is a flood affected village, being surrounded by Kani and Kanti Nals. There is no communication facility for transportation of food grains to that village during high flood. On the other hand, Krushnadaspur will be suitable for construction of the G.P. Godown, so Annexure -1 was rightly issued.