LADU KISHORE ACHARYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE two Petitioners who on their own statements, are dealers in articles have filed this case under Articles 226 and 227 of the Constitution of India for declaring the constitution of Purusottampur Notified Area Council in the district of Ganjam as invalid being not in conformity with the statute and also to declare the imposition of octroi duty holding taxes and other taxes as being without authority.

(2.) THE short facts necessary for the decision of the case are that a proclamation was issued on 24 -3 -1972 by the Urban Development Department under Section 417 -A (I -a) announcing the Government 's intention to issue a notification constituting different areas including Purusottampur as Notified Area Councils under Section 417 -A (l) and calling upon the person residing within the areas to submit objections to the proposal. Two notifications were thereafter published on 22 -12 -1972 under Section 417 -A (1) constituting the N. A. C. for all purposes of Orissa Municipal Act with effect from 1..1 -1973 and the other under Section 417 -B (a) (c). applying the different provisions of the Orissa Municipal Act to the N. A. C. including Chapter XIII. A further notification was made on 18 -4 -1974 under Section 417 -B (a) in partial modification of the notifications made on 22 -12 -1972 under Section 417 -B (a) (c) and Anr. notification of the same date applying different provisions of the Orissa Municipal Act to the N. A. C. including whole of Chapter III. Admittedly the notification under Section 417 -A (1 -a) was published in the Orissa Gazette in English and was also published in au Oriya news paper ''Swarajya '' on 5 -4 -1972 in English. The Petitioners challenge such notification urging that the notification do not in terms satisfy the requirements of Section 417 -A (1) since under that Section it is mandatorily required that the notification under Section 417 -A must reveal the specific purpose of the Act which is to be mad applicable to the are., in question and that the notification under Section 417 -A (1 -a) must be published in Oriya language in one of the newspaper circulating in the area.

(3.) SO far as the present case is concerned, notification under Section 417 -A (l) has been issued for making the administrative provision for all purposes of the Orissa Municipal Act and hence the first ground on which the notification was set aside in the case before the Hon 'ble Supreme Court is not available to be agitated here. It is however the admitted case in the counter -affidavit that the proclamation under Section 417 (1 -a), besides being published in the Orissa Gazette in English was published in English language in the Oriya newspaper in circulation in the area and hence the second part of the decision of the Hon 'ble Supreme Court would have become applicable to the facts of the case, but however for the reasons as stated hereinafter, we do not propose to issue a writ declaring the constitution of the Notified Area Council invalid.