BUDHARAM LAKRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ appeal is directed against a judgment dtd. 8/4/2019, passed by the learned Single Judge disallowing W.P.(C) No.16629 of 2018 filed by Respondent Nos.2 to 11 herein questioning a letter dtd. 28/7/2018 issued by the District Panchayat Officer (DPO), Sundargarh to the Sarpanch, Kutra Gram Panchayat (GP) and the consequential auction notice dtd. 7/9/2018, whereby 17 shop rooms of a newly constructed market complex in the Kutra GP were put up for public auction.

(2.) The background facts are that Respondent Nos.2 to 11 were stated to be the road side vendors in and around Kutra Bus Stand of Sundargarh District. In 2015, there was a proposal for expansion of State Highway No.10 from Sundargarh to Sambalpur. According to Respondent Nos.2 to 11, this resulted in their having to be evicted and they were purportedly assured by the District Administration that alternative sites would be provided to them. It is stated that the Kutra GP through a resolution dtd. 17/1/2015, had approved the proposal for providing shop rooms to the dispossessed shop keepers as part of the rehabilitation scheme. 10 beneficiaries i.e., Respondent Nos.2 to 11 were selected for allotment of such shop rooms.

(3.) It is the case of the present Appellant that the said market complex was in a scheduled area and was constructed out of the Integrated Tribal Development Fund (ITDF) under which members belonging to the Scheduled Tribes (STs) were to be the beneficiaries. Sundargarh is a scheduled area to which the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA Act) applies.