BABITA NEGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners, in this writ application, are the villagers of village Charpalli under Charpalli Grama. Panchayat in the district of Bargarh. They challenge the Notification dated 26.3.2003 issued by the Government of Orissa in its Panchayat Raj (G.P.) Department annexed to the writ petition as Annexure -4 under which the Government has fixed the headquarters of Charpalli Grama Panchayat at village Lambarjuna by exercising the power under Section 4(3) of the Orissa Grama Panchayat Act (hereinafter referred to as 'the Act').

(2.) MR . Sarangi, learned counsel for the petitioners submitted that thirty -six new Grama Panchayats were constituted in the district of Bargarh in the year, 2001. On the representation of various villagers, the Government bifurcated the existing Kansingha Grama Panchayat by creating a new Grama Panchayat named as Charpalli Grama Panchayat consisting of ten villages. After creation of the said new Grama Panchayat, taking into consideration the suggestions of the inhabitants of Grama, population of different villages of the said Grama Panchayat, geographical location and connectivity to other villages, the headquarters of the Grama Panchayat was decided to be located in village Charpalli. It is further submitted by him that three of the villagers donated their private lands by transferring the same in the name of the Block Development Officer, Padampur under registered sale deeds for construction of the headquarters building of the Grama Panchayat. Thereafter, some of the villagers of Lambarjuna village filed W.P. (C) No. 5538 of 2002 praying for fixation of the headquarters of the Grama Panchayat in their village. The said writ petition was disposed of by this Court directing the petitioners therein to approach the State Government by making a representation. The representation made by those petitioners to the Government, on being considered, was rejected by the Government by its order dated 18.2.2003 directing that the headquarters of Charpalli Grama Panchayat will continue at Charpalli. Mr. Sarangi, submitted that even though there was absolutely no reason on the part of the Government to take a contrary decision, but suddenly on 26.3.2003 a Notification under Annexure -4 was issued directing refixation of the headquarters at Lambarjuna. He further contended that the said Notification clearly shows non -application of mind on the part of the Government and solely based on a resolution of the Grama Panchayat dated 30.5.2002 and is clearly contrary to Section 4(3) of the Act. He relied upon the decisions of this Court in the case of Bijaya Kumar Behera and Ors. v. State of Orissa and Ors., 2001 (I) OLR 168, 91 (2001) CLT 249 and Pedenti Malana and Ors. v. State of Orissa and Ors., 2004 (I) OLR 493, 97 (2004) CLT 607 in support of his contention that the impugned notification under Annexure -4 is contrary to law and is liable to be quashed.

(3.) IT is true that this Court should not interfere with the decision of the Government in an administrative matter like an appellate authority, while exercising power of judicial review under Article 226 of the Constitution, but nonetheless exercise of administrative power if found to be made beyond the limits of law and on irrelevant consideration or is an out - come of non -application of mind, this Court can while exercising plenary jurisdiction under Article 226 of the Constitution, quash the said order.