SANGRAM KISHORE SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) THE petitioners being the villagers of Andeisahi, Champati Grama Panchayat under Salipur Tahasil in the district of Cuttack have filed this application seeking direction to the opposite parties to allow them to use Plot No. 616 under Khata No. 353 of area Ac. 1.000 with Kisam "Gochar" and to dispose of their representation vide Annexure -3 pending before opposite party no. 4 within a stipulated time.

(2.) THE short facts of the case in hand are that the villagers of Andeisahi under Champati Grama Panchayat were using a piece of Government land bearing Plot No. 616 under Khata No. 353 area Ac. 1.000 of the Kisam "Gochar" for the purpose of grazing their cows, play ground, cultural programmes, etc. On the basis of a decision taken by the Municipal Corporation, Cuttack for construction of a cow slaughter house in village Andeisahi, an advertisement was issued for appointment of consultant. Pursuant to notice No. 2157 (P.W.) dated 28.08.2014 published in the daily newspaper on 23.08.2014, the petitioners raised objection before the Tahasildar, Salipur stating that the land in question was recorded as "Gochar" and the same may not be converted to "Patit" and allowed the same for construction of a cow slaughter house. When such objection was pending, a Lease Case No. 33/2014 was initiated and Tahasildar, Salipur issued a notice vide Annexure -2 inviting objection against construction of cow slaughter house as well as the conversion of the Kisam from "Gochar" to "Patit". Pursuant to such notice, it is stated, the petitioners filed their objection and requested the Collector, Cuttack not to proceed with construction of such a cow slaughter house over the said plot. When the same was not considered, finding no other way out, this application was filed.

(3.) MR . R.K. Mohapatra, learned Government Advocate argued that Government has the power to convert Kisam of the land from "Gochar" to "Patit" by following due procedure of law and as such the present application is premature and the same should not be entertained.