The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2253 of 2024 Baidhar Behera & another …. Petitioners Mr. S.K. Das-2, Advocate -Versus- State of Odisha & others …. Opposite Parties Ms. B. Dash, ASC And W.P.(C) No.8476 of 2024 Basanta Kumar Sahoo & another …. Petitioners
Legal Reasoning
Mr. A.N. Pattanayak, Advocate -Versus- The Collector & District Magistrate, Dhenkanal & others …. Opposite Parties Ms. B. Dash, ASC CORAM: MR. JUSTICE R.K. PATTANAIK
Decision
ORDER 21.08.2025 Order No. 05. 1. Heard learned counsel for the respective parties and Ms. Dash, learned ASC for the State. 2. The petitioners have filed W.P.(C) No.2253 of 2024 challenging the impugned decision by order dated 21st May, Page 1 of 6 2023 of opposite party No.3 and further to direct the opposite parties to allow the Gatarei Hat to function on each Saturday on the grounds stated. 3. W.P.(C) No.8476 of 2024 is filed by the petitioners for a direction to opposite party No.1 to take necessary steps to stop the illegal functioning of Weekly Hat in Gatarei village on every Saturday and further to direct the said authority to implement the order i.e. Annexure-9 in letter and spirit for the reasons stated. 4. Mr. Das, learned counsel for the petitioners in W.P.(C) No.2253 of 2024 submits that the decision of the learned Collector-cum-District Magistrate, Dhenkanal vide Annexure-1 dated 31st May, 2023 is illegal and actuated by political consideration, which is likely to cause immense inconvenience and hardship to the villagers of Ghagaramunda G.P., hence, therefore, the same is illegal and liable to be interfered with. 5. In response to the above, Mr. Pattanayak, learned counsel for the petitioners in W.P.(C) No.8476 of 2024 submits that no approval has been obtained by Ghagaramunda G.P. to run the Gatarei Hat and therefore, the functioning of such Hat is illegal and, hence, should be immediately stopped and simultaneously, a direction is required to be issued to the Collector-cum-District Magistrate, Dhenkanal to implement the order dated 31st May, 2023 i.e. Annexure-1. 6. In reply, Ms. Dash, learned ASC for the State submits that there is no wrong or illegality committed by the learned Page 2 of 6 Collector-cum-District Magistrate, Dhenkanal as such decision has been taken with the participation of the villagers of both the G.Ps. followed by a direction that Gatarei Hat shall not sit Saturday of a week and the Sarpanch of the said G.P is directed to stop the sitting of the Hat. The further submission is that notwithstanding the fact that there is no approval to run the Hat in Ghagaramunda G.P., the learned Collector & District Magistrate, Dhenkanal has generously allowed the functioning of the Hat on all the days of the week other than Saturday leaving it open for the Sarpanch of Ghagaramunda G.P. to submit a proposal regarding sittings of Gatarei Hat on such other days but not on Saturday of a week. The further submission is that no approval is obtained for Gatarei Hat, hence, therefore, the villagers of the concerned G.P. cannot be allowed to run the same. 7. Referring to the rejoinder affidavit to the counter of opposite party No.4 in W.P.(C) No.2253 of 2024, it is claimed by Mr. Das, learned counsel for the petitioners that an auction was held and accordingly, the villagers of Ghagaramunda G.P have been allowed to run the Hat and in that connection, an amount of Rs.10,000/- was deposited. It is submitted that an auction was held on 23rd May, 2025 and the said amount was received in Form No.7 by the Panchayat Executive Officer of Ghagaramunda G.P. In response to the same, it is submitted by Mr. Pattanayak, learned counsel for the petitioners in W.P.(C) No.8476 of 2024 that no such auction was ever held and if at all Page 3 of 6 any such deposit was made, it has been received by the concerned P.E.O. 8 . Nothing is on record to suggest that auction was held on 23rd May, 2025. Referring to Annexure-R/1 to the rejoinder, it is claimed that the deposit of Rs.10,000/- has been made. On perusal of Annexure-R/1, this Court finds that the deposit has been received on 23rd May, 2025 by the P.E.O. of Ghagaramunda G.P and with such receipt of deposit, without any other materials on record, it cannot be concluded that such auction was held on 23rd May, 2025. Such may be a misconception on the part of the villagers of Ghagaramunda G.P. for having deposited the amount with the P.E.O. concerned. 9. This Court finds from the order of the learned Collector- cum-District Magistrate, Dhenkanal dated 31st May, 2023 that the villagers of Ghagaramunda G.P has been temporarily allowed to run the Hat on all days of a week other than Saturday with a suggestion to the Sarpanch of the G.P to submit a proposal. Ms. Dash, learned ASC for the State submits that no such proposal has been received from the concerned G.P. In view of the materials on record and since from the impugned decision and order dated 31st May, 2023, it is made to suggest that the meeting was held on 9th June, 2022 to resolve the dispute between both the sides and it was attended by all concerned including the officials besides the B.D.O., Kankadahad and such a decision has been arrived at, this Court is of the conclusion that in absence of any such approval Page 4 of 6 obtained by the villagers of Ghagaramunda G.P, a decision was taken to allow them to run the Hat on other days and not on Saturday, as an interim measure. This Court is of the further the conclusion that without any such approval upon receiving a proposal from the Sarpanch of Ghagaramunda G.P, the request for running Gatarei Hat cannot be permitted. There is nothing on record to show and satisfy that on extraneous consideration, the decision was taken by the learned Collector-cum-District Magistrate, Dhenkanal. Since, the villagers of Ghagaramunda GP have been allowed to run the Hat on other week days, as it appears, in that connection, the concerned P.E.O. has received the deposit as made to reveal from Annexure-R/1 to the rejoinder affidavit. 10. With the above discussion, the final conclusion of the Court is that there is no wrong or error committed by the learned Collector-cum-District Magistrate, Dhenkanal in taking such a decision followed by the order dated 31st May, 2023. At the same time, this Court is of the view that the Sarpanch of Ghagaramunda G.P has been allowed to submit a proposal and recording the submission of Mr. Das, learned counsel with the claim that a representation is pending orders, this Court is of the view that the same should be considered in the light of the order dated 31st May, 2023 of the learned Collector-cum- District Magistrate, Dhenkanal being treated as a proposal for a decision accordingly. 11. Hence, it is ordered. Page 5 of 6 12. In the result, the writ petitions stand disposed of with the direction to the learned Collector-cum-District Magistrate, Dhenkanal to consider the proposal of the Sarpanch of Ghagaramunda G.P in case any such representation has been received in the light of the order dated 31st May, 2023 and at the same time, to take measures to disallow functioning of Gatarei Hat on Saturday. The above exercise shall be concluded as soon as possible preferably within a period of four weeks from the date of receipt of a copy of the order. It is made clear that the order of the learned Collector-cum-District Magistrate, Dhenkanal as per Annexure-1 shall be immediately implemented notwithstanding pendency of the decision on any such proposal with a representation received from the Sarpanch of Ghagaramunda GP peremptorily within the stipulated period. 13. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok Signature Not Verified Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 22-Aug-2025 17:39:10 Page 6 of 6