Disposed

Pratap Das v. State of Odisha

Orissa HC29 Aug 2016WP(C)/13907/2016

Case brief

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What is this about?

The petitioners, villagers of Hatuari, challenged their village's part of Sabanga Grama Panchayat, which was made part of Ishwarpur Grama Panchayat. The court disposed of the petition by staying the impugned notification of 05.07.2016 and directing the petitioners to file a detailed representation before the Commissioner-cum-Secretary.

What did the court decide?

Stayed the Notification dated 05.07.2016 and directed petitioners to file a detailed representation before the Commissioner-cum-Secretary within 15 days or submit a certified copy of the petition.

29.08.2016 Heard learned counsel for the petitioners and learned Addl. Govt. Advocate. The petitioners are villagers of village Hatuari, which was earlier a part of Sabang a Grama Panchayat in the district of Balasore. On re-organisation of the Grama Panchayat, the petitioners village Hatuari has been made a part of Ishwarpur Grama Panchayat and said Ishwar pur is intervened by a geographical barrier, i.e. river, so far as the petitioners village Hat uari is concerned. The petitioners want that their village Hatuari should continue as a part of Sabanga Grama Panchayat.

Taking into consideration the limited grievance of the petitioners and without going into merit of the case, this writ petition is disposed of with a direction that the petitione rs shall file a detailed representation before the Commissioner-cum-Secretary to the Govt. in Panchayati Raj Department within 15 (fifteen) days from today. In absence of such representat ion, a copy of the writ application containing all the Annexures be filed before the Commissio ner-cum-Secretary, Panchayati Raj Department (opp. party no.1), which shall be treated as repr esentation.

Learned Commissioner-cum-Secretary, P.R. Department is directed to consider the grie vance of the petitioners within three months from the date of receipt of a certified copy of t his order. If necessary, the petitioners and other concerned parties may be given opportunity of hearing in the matter, and a reasoned order in consonance with the guidelines of the Gover nment be passed by the learned Commissioner-cum-Secretary, Panchayati Raj Department. Till a decision is taken by the Commissioner-cum-Secretary, Panchayati Raj Departmen t, the Notification dated 05.07.2016, vide Annexure-1, in respect of Sabanga Grama Panchayat s hall not be given effect to. The writ petition is accordingly disposed of. Two free copies of this order be supplied to the learned Addl. Govt. Advocate for co mpliance.

Pratap Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pratap Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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