MANABODHA KISAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners, who are the villagers of Jharmunda, by way of this writ petition, seek to quash the order dated 22.12.2016 passed by the Commissioner-cumSecretary, Government of Odisha, Panchayati Raj Department in Annexure-1, pursuant to order dated 17.10.2016 passed in W.P.(C) No. 17483 of 2016 filed by opposite party no.6- Sri Bhadra Charan Kisan of village Kadadihi challenging the decision of the Commissionercum-Secretary for fixation of newly created Gram Panchayat Jharmunda at Jharmunda under Tileibani Block of Deogarh district, and issue direction to the opposite parties to dispose of representations dated 31.12.2016 and 05.01.2017 by giving adequate opportunity to all the parties and declare the headquarters of newly created Gram Panchayat at Jharmunda in place of Gambharipasi.

(2.) The factual matrix of the case, in hand, is that in exercise of power conferred under Section 3 read with sub-section (3) of Section 4 and Section 149 of Orissa Grama Panchayats Act, 1964, the State Government declared that groups of contiguous villages of Deogarh district, as specified in column (4) of the Schedule in Annexure-2 relating to the Sub-division and Block specified in column (1) and (2) respectively to be a Grama by the name specified in column (3) thereof and constitute a Grama Sasan for each of the said Grama and accordingly all previous notifications issued on the subject stand modified so far it relates to the villages specified in column (4) of the said Schedule. Initially, six villages, namely, Jharmunda, Kadodihi, Kadalimunda, Chandiposi, Dengrujore, Gambharipasi were in the Parposi Grama Panchayat in the district of Deogrh and the residents of the said villages are all schedule tribe. Due to creation of new villages as well as increase in the number of population, the State Government decided to create new Grama Panchayats in the State of Orissa by invoking the power conferred under Section 3 read with sub-section (3) of Section 4 and Section 149 of Orissa Grama Panchayats Act, 1964. Accordingly, direction was given to the Collector-cum- District Magistrates to make enquiry in their respective districts to create new Gram Sasan (Panchayat) bifurcating from other Gram Sasan. The Collector, District Panchayat Officer and Block Development Officer (BDO) were competent to make enquiry and to submit proposal for consideration of new Gram Sasan in the village.

(3.) Mr. N. Behuria, learned counsel for the petitioner strenuously urged that there is no dispute with regard to power of authority to pass an order with regard to fixation of headquarters of the Gram Panchayat, but contended that such power has not been exercised bonafidely and such discretion has been exercised on extraneous consideration and has also been passed ignoring the relevant materials. Therefore, the order impugned should be interfered with by this Court. It is further contended that the representation dated 12.10.2015 filed by opposite party no.6 with regard to fixation of headquarters was much prior to the notification dated 02.07.2016 and after such notification, the representation had become infructuous. It is further contended that regarding creation of new Gram Panchayat and its headquarters at Jharamunda, basing on the report of the Block Level Committee and District Level Committee, none of the villagers of the contiguous villages had filed any representation protesting/objecting about the fixation of headquarters of Jharmunda Grama Panchayat at Jharmunda and further the direction issued by this Court vide order dated 17.10.2016 in W.P.(C) No. 17483 of 2016 has not been complied with in its letter and spirit, to mean that this Court directed the opposite party no.1 to consider the representation filed opposite party no.6 by giving opportunity to the petitioner and other concerned parties, but the order in Annexure-1 clearly reveals that though the opposite party no.1 has given opportunity to opposite party no.6 but the other concerned parties have not been given any opportunity. Thereby, the order passed by opposite party no.1 is in gross violation of the direction issued by this Court and, therefore, the same has to be quashed. It is further contended that the opposite party no.1 has passed the order impugned without application of mind and more particularly, had not taken into consideration the report submitted by the Block Level Committee and District Level Committee, who have submitted their reports after going to the spot and after making field enquiry. Reliance has been placed on the village map, in which village Jharamunda situates in the center place and village Gambharipasi situates extreme end and adjacent to Sundargarh. More particularly, when the Government of Orissa, having taking into consideration all materials aspects, issued notification on 02.07.2016 for creation of new Gram Panchayat at Jharamunda with highest population, the said notification having not suffered from any illegality and having issued in consonance with the provisions contained under Section 4(3) of the Orissa Grama Panchayts Act, the same should not have been interfered with lightly because of interference of the local M.L.A. at whose instance direction has been issued for shifting of headquarters from Jharmunda to Gambharipasi. Therefore, the order impugned cannot sustain in the eye of law. To substantiate his contention he has relied upon the judgments of this Court in Pramod Kumar Bohidar v. State of Orissa, 1992 73 CutLT 692; Harihar Swain v. State of Orissa, 2003 96 CutLT 454; and Bijay Kumar Behera v. State of Orissa, 2001 1 OrissaLR 168.