MALIPUT GRAMA PANCHAYAT Vs. KUNDALI GRAMA PANCHAYAT

JUDGEMENT

(1.) Maliput Grama Panchayat is the petitioner. Kundali Grama Panchayat, Pattangi Grama Panchayat and Kotia Grama Panchayat are opposite parties 1 to 3 respectively. There is a Hat called the Kundali Hat. It is now within the jurisdiction of Maliput Grama Panchayat: Accordingly, the petitioner is collecting the entire income from the Hat which comes to about Rs. 20,000/-per annum. An application was made by opposite party No. 1 before the Collector for retransferring the Kundali weekly market to its control and management. It may be noted that prior to the constitution of Maliput Grama Panchayat, Kundali Hat was within the jurisdiction of Kundali Grama Panchayat and it is on account of this that the application was made. This application was rejected by the Collector by his order Annexure B/4 dated 8-7-1972. He, however, directed that the entire income from the Kundali Hat should be distributed in the ratio of 25%, 20%, 20% and 10% amongst the petitioner and opposite parties 1 to 3 respectively. The balance 25% of the annual income was set apart for improvement of the market and its management. It is this order which is attacked in this writ application under Articles 226 and 227 of the Constitution.

(2.) The short point raised by Mr. Ram is that the State Government have not taken any decision that the residents of the four Grama Panchayats (petitioner and opposite parties 1 to 3) used the Kundali Hat and in the absence of such a decision the Collector exercised his jurisdiction illegally in making apportionment of the income amongst the four Grama Panchayats. Time was allowed to the learned Standing Counsel to inform us whether there is any decision of the State Government to that effect. He stated that there is no such decision. The question for consideration therefore is whether in the absence of such a decision the Collector had jurisdiction to make the apportionment as under Annexure B/4.

(3.) Section 72 of the Orissa Grama Panchayat Act, 1964, so far as material, runs thus:-"