PANKAJ CHARAN DHAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Villages, namely, Raghavpur, Amrutpur, Madhupur, Nuagaon and Ratakana, were earlier under Gedma Grama Panchayat in Hatdihi Block in the district of Keonjhar. As Gedma was a large area consisting of several villages, considering the demand made by the villagers for formation of a new Grama Panchayat, the Block Development Officer, Hatadihi vide his letter dated 2.1.1996 addressed to the Sub -Collector, Anandpur recommended for formation of a new Grama Panchayat, namely, Raghavpur Grama Panchayat. The State Government vide its notification No. 20211 dated 9.11.2001 constituted Raghavpur Grama Panchayat consisting of the aforesaid five villages. Thereafter, by a corrigendum dated 12.11.2001 to the above notification, notified that in the above notification, the word 'Raghavpur' appearing in the column No. 3 be corrected and read as 'Itipur' and in column -4, after serial No. 5, the name of Itipur village be inserted as serial No. 6 with a population of 440 and the total population be corrected as 2389., Hence, by the said corrigendum the name of the Grama Panchayat was changed from 'Raghavpur' to 'Itipur'. Being aggrieved by the said decision of the Government, some of the Petitioners filed O.J.C. No. 15359 of 2001 before this Court and the said Writ Petition was disposed of by a common Judgment along with similar matters directing the Petitioners therein to file a representation before the Secretary, Panchayati Raj Department for taking appropriate action at his end. The said Petitioners, accordingly, filed a representation on 15.12.2001 making a two -fold prayer, one being to charge the name of the Grama Panchayat from 'Itipur' to 'Raghavpur' and the second being to fix the headquarters of the Grama Panchayat at Raghavpur. The State Government in its Panchayati Raj Department sought for a report from the Collector, Keonjhar vide letter dated 16.1.2002 and subsequent letter dated 17.6.2002 with regard to fixation of the headquarters of the newly created Itipur Grama Panchayat thereby impliedly declining the prayer of the said Petitioners for change of the name of the Grama Panchayat, but keeping the consideration open with regard to fixation of the headquarters of the Grama Panchayat. The Collector, Keonjhar - Opp. Party No. 2 vide his letter dated 10.5.2002 intimated the Deputy Secretary to the Government, Panchayati Raj Department that he has caused an enquiry through the Block Development Officer, Hatadihi and enclosed the report dated 22.3.2002 of the said Block Development Officer along with the letter. The State Government after receiving the report from the Collector, by a notification No. 16308 dated 9.9.2002 declared the headquarters of Itipur Grama Panchayat at Raghavpur (Anhexure -8). Some of the Petitioners in W.P. (C) No. 5119 of 2002 challenged the said notification dated 9.9.2002 under Annexure -B in W.P. (C) No. 3816 of 2002 on the ground that the representation of the Petitioners, which was filed before the Secretary, Panchayati Raj Department pursuant to the earlier order of this Court was not considered in its proper perspective and the Government has completely lost sight of the earlier letter of the Block Development Officer dated 2.1.1996 in which he recommended that the name of the Grama Panchayat should be Raghavpur and the Government only fixed the headquarters of the Grama Panchayat at Raghavpur. However, the said Writ Petition, being W.P. (C) No. 3816 of 2002, was withdrawn by Order Dated 3.12.2002. The Government subsequent thereto issued a notification No. 22569 dated 5.11.2002 vide Annexure -1 to the following effect: Government of Orissa Panchayati Raj (G.P.) Department No. LS -II -135/2002 -22569/G.P. BBSR. Dated the 5.11.02. Notification In exercise of powers conferred by Sub -section (3) of Section 4 of O.G.P. Act, 1964 & on consideration of resolution of Itipur G.P. dt. 24.9.2002 & report of the B.D.O., Hatdihi, the State Govt. have been pleased to revoke the earlier notification No. 16308 dt. 9.9.2002 fixing Head Quarters of Itipur G.P. at Raghabpur & order that considering the central location, administrative suitability, availability of infrastructural facilities like, Hospital, School/Colleges & other Govt. institution, the Headquarters of Itipur G.P. shall be fixed at Itipur within the limits of said Grama. By order of the Governor. Sd/ - S.K. Pradhan. Deputy Secretary to Government. Being aggrieved by the notification under Annexure -1, the Petitioners have preferred the present Writ Petition for appropriate relief.

(2.) THE State, Government has filed a counter affidavit, inter alia, stating that on a subsequent representation being filed, the Government reconsidered the matter along with the resolution dated 24.9.2002 of the itipur Grama Panchayat and finding that Itipur Grama Panehayat is more suitable to be fixed as the headquarters of the Grama Panchayat, issued the impugned notification and no illegality can be attributed to the said notification. The Petitioners have also filed a rejoinder to the said counter affidavit. A counter affidavit has also been tiled on behalf of the private Opp. Parties.

(3.) SECTION 3(1) of the Orissa Grama Panchayat Act, 1964 provides that the State Government may, for the purpose of the said Act, constitute any village or group of contiguous villages as a Grama and assign to such Gram, a name, which shall be of one of the villages comprised with the Grama by notifying the same in the Gazette. Section 3(2) of the Orissa Grama Panchayat Act provides that the State Government wherever deem fit so to do may cancel any notification in respect of a Grama under Sub -Section (1) or may alter the area comprised in a Grama by reducing or adding to the number of villages comprised within such Grama and notify the same in the gazette. Sub -section (3) of Section 4 of the Orissa Grama Panchayat Act provides that the office of the headquarters of the Grama Sasan shall be situated within the limits of Grama and unless otherwise ordered by the State Government in the village bearing the name of the Grama.