DEBABHUMI GRAM PANCHAYAT Vs. STATE

JUDGEMENT

(1.) In this application under Art.226 of the Constitution, a Grama Panchayat under the Orissa Grama Panchayats Act, 1964 (hereinafter referred to as 'the Act') is the petitioner assailing revocation of transfer of a tank.

(2.) Debabhumi Haja is a fishery source spreading over an area of 67 acres 72 decimals in Plot Nos. 440, 1660, 1659 and 1679. Fishery right in water area in Plot Nos. 440 and 1660 in the said Haja was transferred to petitioner by the State Government as communicated by Tahasildar, Aska in his letter No. 1688 of 1959 dt. 17-9-1959. On receipt of verbal instruction of Chief Minister, Revenue Minister and submission of Sri Raghab Parida, Member of Legislative Assembly, Additional District Magistrate (Development) of Ganjam called for the file from Grama Panchayat Section and Development Section. He observed that Grama Panchayat does not release water during dry spells for which Tahasildar and Irrigation S.D.O. run to spot every day and ensure release of water through different outlets in rotation. Collector found that the main condition of transfer to Grama Panchayat was to augment its income and not to infringe upon rights of third parties. Coming to conclusion that irrigation which constitutes third party right has been infringed upon by the Grama Panchayat and on that account calls for revocation. On this note Collector directed on 23-3-1988 to take appropriate action. On that basis, Additional District Magistrate intimated the Tahasildar, Aska, in letter dt. 25-3-1988 that Collector desires that transfer of fishery source shall be revoked immediately. Thereupon, Tahasildar passed an order to the following effect : -

(3.) In answer, District Panchayat Officer, Ganjam filed an affidavit where the order is justified on the ground that the general order of the State Government in Circular Letter No. 481/GE.258/578 dt. 6-1-1985 on the basis of which the fishery right was transferred does not prescribe for giving opportunity to the Grama Panchayat. Besides, it was stated that due to party rivalry with plea of protecting fish Grama Panchayat does not allow water in 5 outlets for irrigation of the entire ayacut in such manner that the ayacut belonging to the opposite camp do not get irrigation which leads to law and order problem and damage to crops.