JADUNATH JENA Vs. BASUPUR GRAM PANCHAYAT

JUDGEMENT

(1.) This Review petition has been filed with a prayer to review the common judgment dated 15-11-2003 passed in W.P. (C) Nos. 6442 & 1391 of 2002.

(2.) W.P. (C) No. 6442 of 2002 was a Public Interest Litigation filed by Basupur Gram Panchayat, represented through its Sarpanch seeking issuance of a direction to opposite parties to lease out the sand sairat of Luna river adjacent to village Basupur in the district of Kendrapara measuring Ac. 63.64 dec. appertaining to Plot No. 1099 of Khata No. 439 in favour of the Grama Panchayat. Similarly, W.P. (C) No. 1391 of 2002 was filed by a villager with almost identical prayer but with a variation that the said sairat should be put to auction and leased out in favour of the highest bidder.

(3.) The allegations made in both the writ applications reveal that the authorities are leasing out the aforesaid sand sairat in favour of the present petitioner, who was opposite party No. 5 in both the writ petitions for a paltry sum of Rs. 1,861/- only. But if the said sairat, which is a property of the Government is put to auction it will fetch at least 30-40 thousand rupees or even more. The claim of the petitioners in both the writ petitions was countenanced by the present petitioner on the ground that on the basis of a compromise decree passed in Title Suit No. 359 of 1986 the State has been restrained from putting into auction the aforesaid sand sairat. The compromise decree according to the present petitioner stipulates that the sairat should be settled only in favour of the petitioner year after year by enhancing 10% of the premium.