The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) Nos.8719, 8720, 8724, 8727, 8728, 8729, 8738, 8739, 8787, 8788, 8490, 8492, 8500, 8486, 8488, 8493, 8494, 8495, 8496, 8497, 8498, 8499, 8721, 8722, 8723, 8725, 8726, 8730, 8731, 8732, 8733, 8734, 8735, 8736, 8737 & 8740 of 2015 Manyamkonda Gram Panchayat W.P.(C) No. 8719 of 2015 ..... Petitioner Mr. S.K. Dalai, Advocate State of Odisha & Ors. -versus- ..... Opposite Parties Mr. M.K. Balabantaray, AGA Mr. U.K. Sahoo, ASC Mr. K.K. Das, ASC Mr. S.K. Pattnaik, Sr. Advocate (Opp. Party No. 5) THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY CORAM:
Decision
ORDER 20.09.2024 Order No. 05 1. This matter is taken up through hybrid mode. 2. Heard Mr. S.K. Dalai, learned counsel appearing for the Petitioners, Mr. M.K. Balabantaray, learned Addl. Govt. Advocate along with Mr. U.K. Sahoo, Mr. K.K. Das, learned Addl. Standing Counsels appearing for the State and Mr. S.K. Pattnaik, learned Sr. Counsel appearing for Opp. Party No. 5. 3. Petitioners in the present batch of writ petitions are Gram Panchayats and all these writ petitions having been filed with similar prayer, all were heard analogously and disposed of by the present common order. For the sake of convenience prayer made in the writ petition reads as follows:- Page 1 of 4. “The petitioner therefore prays that this Hon'ble Court be graciously pleased to issue a Rule Nisi calling upon the Opposite Parties to show cause as to why; i) The opposite parties more especially Opp. Party No.3 shall not be directed to issue transit permits to the Gram Sabha as per direction of Hon’ble High Court and Govt. notification dated 1.1.2014 for Kendu Leaf operation by the Gram Panchayat in Malakanagiri District. ii) the a writ of mandamus shall not be issued to the Opposite Parties more especially Opposite Party No.1 to frame detailed guideline for procurement of Kendu leave by the Gram Panchayats/ Tribals in confirmatory to the provisions under Forest Right Act, 2006 and Gram Panchayat Act, 1964; iii) The action of the opposite parties shall not be declared as illegal, arbitrary, malafide and unconstitutional and with further direction to award the damage caused by them to secure ends of justice. If the Opposite Parties fail to show cause or show insufficient cause, to make the Rule absolute; And to pass such other order/orders, direction/directions as would deem complete relief to the petitioner; And for this act of kindness the petitioner as in duty bound shall ever pray.” 4. It is contended that in terms of the provisions contained under Sec. 44(2)(b) of the Odisha Gram Panchayat, Act, 1964, Gram Panchayats coming under scheduled area are eligible and entitled to deal with the ownership of minor forest produce. 4.1. It is also contended that Kendu Leaves has already been declared as a minor forest produce in terms of the provisions contained under Sec. 2(i) of the Schedule Tribes & other Page 2 of 4. Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short Act). Sec. 44(2)(b) of the Odisha Gram Panchayat Act and Sec. 2(i) of the 2006 Act reads as follows:- “44(2) Notwithstanding anything contained in any other law, in the Scheduled Areas, subject to the control and supervision of the Grama Sasan, the Grama Panchayat shall exercise within its local limits, such power and perform such functions in such manner and to such extent as may be prescribed in respect of the following matters, namely : (a)enforcement of prohibition or regulation or restriction of the sale and consumption of any intoxicant; (b)the ownership of minor forest produce; (c)prevention of alienation of land and restoration of any unlawful alienated land of a Scheduled Tribe; and (d)control over money-lending to the Scheduled Tribes.” xxx xxx xxx “2(i) “minor forest produce” includes all non-timber forest produce of plant origin including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs, roots, tubers and the like;” 4.2. Placing reliance on the aforesaid two provisions, learned counsel for the Petitioners contended that the Petitioners-Gram Panchayats are eligible and entitled to deal with Kendu Leave which is a minor forest produce and accordingly the writ petitions have been filed with a prayer to direct Opp. Party No. 3 to issue transit permit in that regard. 4.3. It is also contended that Petitioners-Gram Panchayats are also dealing with the aforesaid minor forest produce in terms of the State Govt. notification issued on 01.01.2014 and as on date Petitioners- Gram Panchayats are dealing with the said minor forest produce. Page 3 of 4. 5. Mr. Balabantaray, learned Addl. Govt. Advocate as well as Mr. U.K. Sahu and Mr. K.K. Das, learned Addl. Standing Counsel on the other hand contended that since the matter relates to a policy decision of the Govt., let Petitioners-Gram Panchayats make appropriate application before Opp. Party No. 1 for consideration of their grievance with regard to dealing with the aforesaid minor forest produce. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the writ petition, permits the Petitioners-Gram Panchayats to move appropriate application before Opp. Party No. 1 within a period of three (3) weeks hence for consideration of their claim to deal with Kendu leave. 6.1. It is observed that if any such application is filed before Opp. Party No. 1 within the aforesaid time period, Opp. Party No. 1 shall do well to take a lawful decision on the same within a further period of three (3) months from the date of receipt of such application. 6.2. It is further observed that while taking such a decision on the claim of the Petitioners, Opp. Party No. 1 may take the view of Opp. Party No. 2 if it is felt necessary. 7. With the aforesaid observation and direction all the writ petitions are disposed of. Photo copy of the order be placed in the connected case records. Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Sep-2024 17:38:55 Sneha (BIRAJA PRASANNA SATAPATHY) Judge Page 4 of 4.