DERA GRAMA PANCHAYAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application Dera Grama Panchayat challenges the order dated 2.7.1999 passed by the Collector, Kendrapara to the effect that the Sairat which was transferred to the Grama Panchayat for management by order dated 2.2.1999 stood revoked.

(2.) PETITIONER 's stand in essence is that such action even without grant of opportunity to have its say in the matter was in clear violation of the principles of natural justice.Stand of the opposite parties in the counter affidavit filed indicates that several factors weighed with the authorities in revoking the earlier order of settlement of the sairat. It is stated that undisputedly the property belongs to the State and in case of mismanagement it has power to withdraw the property and as statute does not postulate grant of an opportunity, petitioner cannot make a grievance.

(3.) SUB -section (2) of Section 73 deals with the power of the State Government to withdraw the property from the Grama Sasan. Foundation for such action is the consideration of the State Government that it would be expedient in the general public interest so to do or whenever in their opinion the Grama Panchayat has failed to make proper use of such property. The withdrawal can be done by general or special order. Thereafter the property shall vest in and be under the direction, management and control of the State Government. The proviso to Sub -section (2) of Section 73 mandates that no compensation is payable upon such withdrawal except in respect of such improvements of a permanent nature has been made by the Grama Sasan.