Partly allowed

Santilata Jena v. State of Orissa

Orissa HC11 Aug 2016WP(C)/13298/2016

Case brief

AI extract

What is this about?

Petitioners challenged their village's inclusion in Kanto Grama Panchayat, seeking transfer to Kacharasahi Panchayat. The court stayed the bifurcation notification, directed the Panchayati Raj Department Commissioner to consider grievances within three months, and mandated a detailed representation.

What did the court decide?

Stayed bifurcation notification; directed Commissioner-cum-Secretary to consider grievance within three months; directed petitioners to file detailed representation before expiry.

The petitioners, who are the villagers of Routpada under Korei Police Station in the district of Jajpur, are aggrieved by the inclusion of their village in Kanto Grama Panc hayat, which has already been bifurcated by Notification of the Govt. in Panchayati Raj Depart ment vide Annexure- 4. The petitioners want that their village Routpada should be a part of ne wly constituted Kacharasahi Grama Panchayat on the ground of distance, convenience and conveya nce.

It is alleged that, without following the guideline, the aforesaid decision ha s been taken including the petitioners village Routpada in Kanto Grama Panchayat. Taking into consideration the limited grievance of the petitioners and without going into merit of the case, the petitioners are directed to file a detailed representation before the Commissioner-cum-Secretary to the Govt., in Panchayati Raj Deptt. within 15 days fr om today. In absence of such representation, a copy of the writ application containing all the annexures be filed before the Commissioner-cum-Secretary, Panchayati Raj Deptt. O.P. No.1, wh ich shall be treated as representation.

The Commissioner-cum-Secretary, P.R. Department is directed to consider the g rievance of the petitioners within three months from the date of receipt of a certified copy o f this order. If necessity arises, the petitioners and other concerned parties may be given op portunity of hearing in the matter and a reasoned order in consonance with the guidelines of t he Govt. be passed by Commissioner-cum-Secretary, Panchayati Raj Department.

Till a decision is taken by the Commissioner-cum-Secretary, Panchayati Raj Dep tt., the Notification vide Annexure- 4 in respect of bifurcation of Kanto Grama Panchayat shal l not be given effect to. The writ application is accordingly disposed of. Urgent certified copy of this order be granted as per rules. Two free copies of this order be supplied to the learned Addl. Govt. Advocate for compliance.

Santilata Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

Santilata Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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