SARAT KUMAR RAJ Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE short question that arises for consideration in this case is about fixation of headquarter of Bahanaga Tahasil Office in the district of Balasore. Though the question raised is very short, but the history of the case shows that it is a long drawn litigation from this Court to Hon'ble Supreme Court. This is the third journey of the petitioners to this Court.

(2.) WAY back in 1995, the Government of Orissa in its Revenue and Disaster Management Department took a policy decision to open new Tahasils in all Block headquarter having no Tahasil Offices. It was decided that the Tahasil Office should be opened in Block headquarter with the support of OAS-II Officers available at the disposal of the Revenue and Disaster Management Department by way of equitable deployment of officers between the existing Tahasils and Tahasils to be newly created. It was further decided that Panchayat Samiti should provide necessary infrastructure support which includes a record room, a room for the officer and a sizeable big hall for the employees of the Tahasils. It was further decided that the Government is to open new Tahasils where Panchayat Samiti is willing to provide infrastructure support and the same should be in shape of Panchayat Samiti resolution. The new Tahasils so opened will be co-terminus with the Block area. Be it noted that the Government of Orissa in the Revenue Department is empowered under the provisions of Orissa Revenue Administration (Units) Act, 1963 (hereinafter referred to as 'Act' for the sake of brevity) to constitute Tahasils for the purpose of better revenue administration. In terms of Section 4 of the said Act, the Government is required to specify the area over which the jurisdiction of the new Tahasil will extend.

(3.) THE legality and propriety of the said notification is the subject matter of dispute in the present writ application.