BABULA DEHURI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is the third round of litigation of the petitioners in respect of fixation of headquarters of the Gram Panchayat from village Patisari under Jamunadeipur Revenue village in the district of Mayurbhanj.

(2.) SOME persons who had filed writ application registered as W.P.(C) No.4021 of 2002, later on became intervenors in subsequent writ application, i.e. W.P.(C) No.1268 of 2003, filed by one Jagannath Marandi, Sarpanch of Patisari Gram Panchayat.

(3.) THEREAFTER W.P.(C) No.1268 of 2003 filed by the Sarpanch was disposed of vide order dated 13.2.2004 with the observation that the Sub -Collector was changing his report from time to time regarding shifting of headquarters of the Gram Panchayat and the reasons for such changes in the report were not explained and it was not prudent to rely upon the report submitted by him and, therefore, while disposing of the writ application, a direction was issued to the Collector, Mayurbhanj to conduct an enquiry personally as directed by this Court earlier in W.P.(C) No.4021 of 2002 and come to a conclusion as to which among the two villages, i.e. Patisari and Balichilima Chhak under Jamunadeipur revenue village is the right place to locate the headquarters of Patisari Gram Panchayat. It was further observed that the decision should be taken keeping in mind the aims and objectives of the Gram Panchayat Act, more specially, the provisions of Sections 3 and 4 of the said Act, which stipulates that the headquarters should situate in a village bearing the name of a Grama.It was also directed that it would be open for the Collector to provide opportunity to the parties to raise their contentions.