PRABHASINI NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioners are the Ward Members of Udayapur Grama Panchayat. It is the case of the Petitioners that taking into consideration the population factor of 11 villages on the basis of 1991 census report, a proposal was submitted to constitute a new Grama Panchayat consisting of the said 11 villages. The proposal was approved by the Block Development Officer, Nuagaon and was sent to the Collector, Nayagarh on 31.5.2001. The Petitioners have pleaded that the proposal was submitted with the consent of villagers of 10 villages, out of 11, who also proposed that the village Udayapur should be the headquarters of the proposed Grama Panchayat on the ground that the said village Udayapur is a centrally located village having communication facility to all the other villages. It is historically and culturally the most important village and is also a tourist centre on account of the location of Dasarathi Pattnaik Library and Museum known as "Banchhanidhi Pathagara", Sri Aurovinda Sangrahalaya and Jadumani Sahitya Sansada. It is also the birth place of a great person, namely, Dasarathi Pattnaik popularly known as "DASIA AJA", who is the pioneer of Library movement in the State. The said village has also more infrastructure facilities, such as, Post Office and school and vacant lands are plentily available in the said village for construction of the Panchayat Office. However, in spite of such demand and the recommendation of the" proposal by the Block Development Officer, according to the Petitioners, on the pressure of the local M.L.A. some interpretations were made and in place of Udayapur, the name of village Sikhargochha was inserted. On the basis, of such interpolated proposal, the Government of Orissa, without causing any enquiry with regard to the suitability of village Sikhargochha, issued the notification dated 22.10.2001 under Annexure -2 to the writ petition declaring the newly constituted Grama Panchayat as Udayapur Grama Panchayat with the headquarters of the Grama Panchayat at village Sikhargochha. Against such notification, some of the villagers earlier preferred a writ petition being O.J.C. No. 16566 of 2001. This Court disposed of the said writ petition by order dated 13.12.2001 which is as follows:

(2.) AFTER disposal of the said writ petition, the Petitioners in the said writ petition made a representation to the Government on 19.12.2001. After the Grama Panchayat elections, first meeting of the Grama Panchayat was convened on 10.5.2001 in which meeting, it was unanimously decided to hold the office of the Grama Panchayat at village Udayapur which is a centrally located revenue village. The copy of the resolution was forwarded to the Panchayati Raj Department, Government of Orissa seeking necessary steps. Thereafter, number of communications have been made to the Government of Orissa. The Grama Sabha again in its meeting held on 21.5.2003 unanimously resolved to have the headquarters at village Udayapur. The Petitioners have alleged that from the date of election of the members and Sarpanch of the Grama Panchayat, the office of the Grama Panchayat is functioning at village Udayapur and in the meantime, a temporary house has been constructed in the said village. In the meeting dated 31.5.2003 the Grama Panchayat again resolved unanimously to request the Government to expedite its action for locating the headquarters of the Grama Panchayat at Udayapur. When the matter stood thus, the Collector, Nayagarh issued a letter to the Sarpanch dated 23.9.2003 to shift the office of the Grama Panchayat to Sikhargochha. Being aggrieved by the said letter, the Petitioners along with another preferred W.P. (C) No. 10406 of 2003 questioning the legality of the direction/communication of the Collector with a further prayer to reconsider the question of fixing the headquarters of the Grama Panchayat at Udayapur in terms of the resolutions adopted by the Grama Panchayat. By judgment dated 28.9.2004, this Court directed the Collector, Nayagarh to reconsider the issue on considering the representations made by the villagers of village Sikhargochha and village Udayapur and further directed, that till such decision is taken, the letter issued by the Collector shall be kept in abeyance. The Petitioners were directed to file a representation before the Collector within a period of 15 days which the Collector shall reconsider. Pursuant to the above directions, the Petitioners submitted a representation before the Collector, Nayagarh along with the certified copy of the order passed by this Court. The Collector thereupon by his letter dated 19.10.2004 sought for clarification from the Government of Orissa as to how the orders passed by this Court shall be implemented. The Government by its letter dated 8.11.2004 wrote back to the Collector asking him to enquire into the matter with regard to fixation of the Grama Panchayat headquarters as claimed by the Petitioners and submit the report to the Government. The said letter of the Government reads as follows:

(3.) REGARDING availability of land.