ORISSA AT CUTTACK W.P.(C) No. 2693 of 2025 · Orissa High Court

Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK ORDER

05.02.2025

Heard Mr. Mohanty, learned counsel for the petitioners and Mr. Ray, learned AGA for the State.

Instant petition is filed by the petitioners for a direction to opposite party No.3 to take steps on their grievance considering the representation dated 18th December, 2024 as at Annexure-6 and to take a decision regarding construction of H & WC building over the plot in question more fully described therein situate under Bari Tahasil in the district of Jajpur in view of the resolution of the Gram Sabha dated 15th August, 2024 Swainkhanda GP as per the provisions of Odisha Grama Panchayats Act and Rules framed thereunder within a stipulated period.

Mr. Mohanty, learned counsel for the petitioners submits that petitioner No.1 is the Sarpanch of the GP and a decision has been taken for the alleged construction pursuant to the resolution dated 15th August, 2024 of the Gram Sabha, which was followed by a field enquiry by the learned CDMO but with a decision to relocate the same and for construction over a different plot than it was resolved and in that connection, a representation dated 18th December, 2024 is pending consideration of opposite party No.3 till date, hence, therefore, a direction may perhaps be issued to the said authority to consider the same at the earliest.

Copy of the resolution is at Annexure-4, as per which, the decision is unanimous at the Gram Sabha for construction of H& WC building in the village concerned over Plot No.4767, Khata No.483 corresponding to Plot No.4767/7918, Khata No.1386/358 situate in Mouza-Swainkhanda under Bari-Tahasil in the district Jajpur after mutation. It is found that in view of the letter dated 30th December, 2023 as at Annexure-1, opposite party No.5 received directions for early identification and demarcation and handing over of suitable Govt. land for the construction of H& WC building in the village, whereafter, the Grama Sabha was held and resolution dated 15th August, 2024 at Annexure-4 was passed but there has been relocation with a decision for construction over Plot No.4767 and not the one as was decided so revealed from the field enquiry report of learned CDMO vide Annexure-5. The contention is that the decision of Gram Sabha is in accordance with law and in view of Article 243A of the Constitution of India, which according to Mr. Mohanty, learned counsel for the petitioners, should have taken judicial notice of before a decision to relocate the construction over another plot and not the Govt. land considered suitable by a resolution of the Grama Sabha dated 15th August, 2024. In view of such submission and as in the meantime, the petitioners have represented opposite party No.3 vide Annexure-6 and the same is stated to be pending as on today and regard being had to the resolution at Annexure-4 of Gram Sabha and subsequent change in decision upon receiving the recommendation of learned CDMO at Annexure-5, the Court is of the humble view that it needs immediate attention and a final decision dealing with the representation i.e. Annexure-6 as the same would serve the purpose and meet the ends of justice.

In the circumstances, however, there is no order as to costs. Urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU TUDU Reason: Authentication Location: OHC,CTC Date: 07-Feb-2025 12:46:48