DHARMANANDA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application by the villagers of Bhagatpur within the limits of Kanheipur Cram Panchayat assailing .the decision of the Government as conveyed by letter dated 10 -10 -1990 Arnthexure -3 that both the cattle markets at Tangi (Kotsahi Gram Panchayat) and the Bharatpur cattle market within Kanheipur Gram Panchayat may sit on the same day of the week, i e., Tuesday.

(2.) PROTRACTED controversy between the Kanheipur Gram Panchayat and Kotsahi Cram Panchayat was resolved by the Collector, Cuttack, on an appeal Under Section 146(2) of the Orissa Gram Panchayat Act which was filed against the decision dated 23 -3 -1978 of the Tangi Choudwar Panchayat Samiti. He decided in G, P. - Appeal No. 7 of 1978 after hearing the both sides and taking into consideration the farts and circumstances that Tangi cattle market should operate on a day other than Tuesday and Bharatpur cattle market should operate on Tuesday as usual. Writ applications (OJC Nos. 2483/83 and 1196/84) filed in this Court assailing the decision of the Collector was dismissed and the cattle markets were functioning since then in accordance with the decision of the Collector. By the impugned order Annexure -3, the Government has approved the proposal of the Collector, Cuttack, permitting both the cattle markets to operate on Tuesday.

(3.) IN our view, the State Government wholly misconceived the scope and ambit of Section 61 and misconstrued the provisions with a view to conferring power on itself. Section 61 for convenience is extracted below :