JADUNATH PRADHAN Vs. STATE

JUDGEMENT

(1.) The petitioner has prayed, inter alia, to quash the tender call notice dated 24.2.2014 issued by the Chief Engineer, Rural Works -I, Government of Orissa, vide Annexure -2, for construction of multipurpose cyclone shelter at Muktapur under Kerendatangi Gram Panchayat and the letter dated 27.8.2014, vide Annexure -1, issued by the Addl. Sub -Collector, Emergency, Collectorate, Nayagarh, to the Executive Engineer, Rural Works Division, Nayagarh, opposite party no.7, stating therein that the site for construction of multipurpose cyclone shelter was selected at Muktapur in Kerendatangi Gram Panchayat under Ranpur Block of Nayagarh district on the basis of scientific parameters as per the recommendation of IIT, Kharagpur and turning down the request for change of site by the Government.

(2.) Shorn of unnecessary details, the short facts of the case of the petitioner are that he is the elected member of Kerandatangi Gram Panchayat. Earlier, he filed a writ petition being WP(C) (PIL) No.4919 of 2014 challenging the proposal of the Managing Director, Orissa State Disaster Management Authority, opposite party no.2, (hereinafter referred to as "the OSDAMA") to construct a cyclone shelter centre at Village -Muktapur and publication of tender call notice, vide Annexure -2. Prayer was made in the said writ petition to construct the cyclone centre at the centrally located place of the Gram Panchayat. By order dated 13.3.2014, a Division Bench of this Court disposed of the matter in the following manner.

(3.) Thereafter, he filed Misc. Case No.2 of 2014 before the Collector, Nayagarh. The Collector, Nayagarh disposed of the said misc. case on 23.5.2014 with a direction to hold a meeting of the PRI members and accordingly directed the B.D.O., Ranpur to fix a suitable date and intimate all the PRI members for selection of fresh site for construction of cyclone shelter at centrally located place. Thereafter, the B.D.O, Ranpur convened a meeting on 30.6.2014 wherein it was decided to construct the multipurpose cyclone centre at a central located place of the Gram Panchayat and accordingly the site was selected at campus of the Balakrushna Bidyapitha, Kerandatangi. On 2.8.2014, vide Annexure -6, the Collector, Nayagarh recommended the final site for construction of multipurpose cyclone centre. But then, by letter dated 27.8.2014, vide Annexure -1, the decision was taken to construct the multipurpose cyclone shelter at Muktapur in Kerendatangi Gram Panchayat.