Jayadev Banchhor v. State of Odisha
Case brief
What is this about?
The Court disposed of a writ petition arguing that a newly created Grama Panchayat should have been named after the centrally located village Mahagaon instead of Surda. The Court directed the authorities to consider the grievance and suspended the relevant notification.
What did the court decide?
Stayed the notification dated 18.07.2016 naming the Grama Panchayat as Surda; directed Commissioner to consider grievance within three months with a hearing.
What the court decided
A compact analysis
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W.P. (C) No.14687 of 2016
30.08.2016 Heard learned counsel for the petitioners and learned Addl. Govt. Advocate.
The petitioners are villagers of village Mahagaon, which was a part of Parasara Gram
a Panchayat in the district of Bolangir. Vide Notification dated 05.07.2017 (Annexure-3) on b
ifurcation of Parasara Grama Panchayat, Mahagaon Grama Panchayat was newly created comprising
of village Mahagaon, Beherabhata and Surda. However, on 18.07.2016 another Notification was i
ssued changing the name of the Grama Panchayat from Mahagaon to Surda.
The petitioners grievance is that, Mahagaon being the centrally located village, the
newly Grama Panchayat should have been named after Mahagaon.
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 18.07.2016, vide Annexure-5, in respect of Surda Grama Panchayat sha
ll 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.
Parties & counsel
- petitioner
Villagers of Mahagaon
- respondent
Government of Odisha represented by Commissioner-cum-Secretary, Panchayati Raj Department
Case details
As recorded by the court registry
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