Remanded

Surendra Barik v. State of Odisha

Orissa HC17 Aug 2016WP(C)/13781/2016

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the creation of a new Grama Panchayat. The petitioners argued that excluding some villages and including others on similar grounds was arbitrary. The court directed the petitioners to file a detailed representation before the Panchayati Raj Department and stayed the notification.

What did the court decide?

Stay of notification; direction to file representation; direction to consider grievance within three months

The petitioners, who are the villagers of Village Karalmal, are aggrieved by c reation of new Grama Panchayat named as Arjunda including the Villages- Arjunda, Biripalli & K aralmal. Subsequently, however, Biripalli was excluded from the area of Arjunda Grama Panchaya t and the new Grama Panchayat has been created taking Karalmal Village and Arjunda Village. Vi llage Arjunda, which is the Headquarters of Arjunda Grama Panchayat on the basis of the popula tion, is inside the forest. The old Grama Panchayat of Village- Arjunda & Pandakipali is also situated inside the forest. The village Karalmal, which was a part of v illage Dumberpalli, is at a distance of about 3 K.Ms. from village Karalmal and is well commun icated through the National Highway. On the ground, for which village Biripalli was not made a part of Arjunda Grama Panchayat, Karalmal Village should not also be taken as a part of Arjun da Grama Panchayat on the self-same ground.

The petitioners, however, propose to make a representation before the Commissi oner-cum-Secretary, Panchayati Raj Deptt. in this regard. Taking into consideration the facts and submissions and limited grievance of t he petitioners the writ application is disposed of directing the petitioners to

file a detailed representation along with a copy of the writ application containing al l the annexures before the Commissioner-cum-Secretary to the Government, in Panchayati Raj Dep artment within 15 days from today.

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.

Surendra Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Surendra Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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