Partly allowed

Ajaya Ku.Swain v. State of Orissa

Orissa HC24 Oct 2016WP(C)/17422/2016

Case brief

AI extract

What is this about?

The Court restored the notification dated 02.07.2016 creating the Badakhira Grama Panchayat but directed that its Headquarters be fixed at Gopapur, which is the most populated village, instead of Badakhira, ordering the issue of a modified notification.

What did the court decide?

Restoration of the notification dated 02.07.2016 creating Badakhira Grama Panchayat with Gopapur fixed as Headquarters; issuance of modified notification.

Ajaya Ku.Swain Vs State of Orissa — Municipal and Town Planning | Orissa HC (2016)

¶1

W.P.(C). NO. 17422 of 2016

¶2

03. 24.10.2016 Heard.

¶3

 The petitioners are villagers of Village Badakhira. On bifurcation of Nischint
akoili Grama Panchayat vide Notification dated 02.07.2016, a new Grama Panchayat named Badakhi
ra was created and subsequently vide Notification dated 18.07.2016, new Grama Panchayat was n
amed after village Gopapur on the basis of the Order passed by this Court in W.P.(C) No.12508
of 2016 and the Headquarters of the Grama Panchayat was also fixed at village Gopapur. Now, th
e petitioners have filed this writ application with a prayer that the Notification dated 02.07
.2016 creating a new Grama Panchayat at Badakhira be restored and the Headquarters of Badakhir
a Grama Panchayat should also be fixed at Badakhira.

¶4

 Perused the Order dated 21.09.2016 passed by the Commissioner-cum-Secretary, P
anchayati Raj Department pursuant to the Order passed in W.P.(C) No.12508 of 2016. The aforesa
id writ application was filed for fixation of Headquarters of Badakhira Grama Panchayat as Gop
apur. That was the limited prayer. But there was no prayer for change of name of the Grama Pan
chayat. Badakhira and Gopapur are two adjacent villages and from the order of the Commissioner
-cum- Secretary, it is found that Gopapur is the highest populated village in the newly create
d Grama Panchayat.

¶5

 In view of such fact, the Notification dated 02.07.2016 creating Badakhira Gra
ma Panchayat, is restored, but Gopapur be fixed as Headquarters of the aforesaid Badakhira Gra
ma Panchayat.

¶6

 With the aforesaid modification in the Order vide Annexure- 4 passed by the Co
mmissioner-cum- Secretary, Panchayati Raj Department, the modified Notification be issued.
 The writ application is accordingly disposed of.
 Urgent certified copy of this order be granted as per rules.

¶7

 C.R. Dash, J.

¶8

 Subha

¶9

Ajaya Ku.Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

Ajaya Ku.Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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