CHCHAPADA GRAM PANCHAYAT REPRESENTED BY ITS SARPANCH SRI JUDHISHTIR DAS Vs. THE STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) CHHAPADA Grama Panchayat through its Sarpanch is the Petitioner. The 'Hat' (market) at Jayapur sits twice a week on Monday and Friday and is within the jurisdiction of Chhapada Grama Panchayat. On 16th August 1961 the management of Jayapur 'Hat' was transferred to Chhapada Grama Panchayat and since then the Petitioner is in management. The income of the 'Hat' has been indicated to be rising from year to year. The figures of income supplied for the years 1965 -66 to 1967 -68 indicate the same. The Block Development Officer, Jagatsinghpur, issued a notice on 11th April 1969 saying that Jayapur Hat would be put to public auction on lath April 1969. The Chhapada Grama Panchayat was not called upon to show cause as to why the management of the 'Hat' should not be taken from the Grama Panchayat. The Petitioner approached the Collector but he did not intervene.

(2.) THE Petitioner's case is that the Sub -divisional Officer did not find that the income derived from the 'Hat' was inadequate and consequently he had no jurisdiction to interfere with the management of the property. A counter -affidavit has been filed on behalf of the opposite parties. There is no averment therein that the Sub -divisional Officer found the income from the 'Hat' to be inadequate.

(3.) ON these facts Mr. Mohanty contends that the taking away of the management by the Sub -divisional Officer is without jurisdiction. Rule 87(b) of the Orissa Grama Panchayat Rules, 1968, runs thus: