DILLIP PARIDA Vs. STATE OF ODISHA & OTHERS

JUDGEMENT

(1.) The first writ petition is filed by one of the villagers, the second writ petition is filed by the Sarapanch and some Ward Members of Balabhadra Prasad Gram Panchayat and the third writ petition is filed by the villagers of Village-Balabhadra Prasad. All the writ petitions involve a dispute regarding construction of Gram Panchayat building. Filing the first writ petition, the petitioner sought for a direction against O.Ps.2 & 3 to construct the Panchayat Headquarter at the proposed site, vide Annexure-4, whereas the second writ petition involves seeking a direction to O.P.3 to consider the Resolution dated 20.6.2018 passed by the Balabhadra Prasad Gram Panchayat under Annexure-1. Similarly the third writ petition is filed praying for a direction to O.P.3 to register the petitioners' land in favour of the Balabhadra Prasad Gram Panchayat for the purpose of construction of Panchayat Headquarter. Decision involving the third writ petition is consequential upon the decision involving the first and second writ petition.

(2.) Pleading as available involving the case is upon constitution of newly Gram Panchayat namely Balabhadra Prasad Gram Panchayat, the Panchayat involves eleven villages. Upon coming of a new Gram Panchayat, a dispute arose as to construction of the Gram Panchayat Headquarter in between, Based on the provision of law, a decision has been taken to name the Gram Panchayt after the Village- Balabhadra Prasad having the second maximum population in the locality amongst the villages involved therein.

(3.) Sri S.K.Dalai, learned counsel for the petitioner in the first writ petition advancing his argument while reiterating the plea taken therein and supporting the construction of the Balabhadra Prasad Gram Panchayat building involving the name of the Gram Panchayat and referring to the development through the Selection Committee meeting dated 6.2.2019 filed by way of affidavit dated 19.3.2019 submitted that for the decision already taken by a high level Selection Committee selecting the site under Khata No.518 Plot Nos.199, 202 & 203 in Mouza- Balabhadra Prasad and for the development taken through the Site Selection Committee and the recommendation involved therein, a simple direction should be given to the competent authority to work out the recommendation of the Committee and proceed for construction of Gram Panchayat building accordingly. While making such request, Sri Dalai, learned counsel for the petitioner also taking reference to the provision at Sections-3 & 4 of the Odisha Gram Panchayat Act submitted that the site selection is in terms of the provision of the Orissa Grama Panchayat Act. Further referring to paragraph-5 of the decision of this Court in Harihar Swain & others vrs. State of Odisha & others, 2003 96 CutLT 454, Sri Dalai, learned counsel for the petitioner submitted that for the decision therein it is within the domain of the Government to take decision in the matter of construction of the Gram Panchayat building. Further referring to another decision of this Court in Proful Kumar Das vrs. State of Orissa & others,2006 Supp1 OrissaLR 771 and again referring to paragraphs-7 & 8 therein Sri Dalai contended that for the power vested with the Government and for the decision being taken by the Government by way of site selection for the construction of Gram Panchayat building, the writ petition should be disposed of with simple direction to the competent authority to go ahead with the construction of the Gram Panchayat building involving Balabhadra Prasad Gram Panchayat by undertaking the construction over the site selected by the Government after entering into a site selection process.