Disposed

Padma Lochan Behera v. State of Odisha

Orissa HC13 Apr 2021WP(C)/7764/2020

Case brief

AI extract

What is this about?

This Court disposed of a writ petition challenging the allotment of Gochar land for a Panchayat building. It directed the Tahasildar to consider the petitioners' objections in pending de-reservation proceedings and stayed construction until a decision is taken.

What did the court decide?

Directed Tahasildar to consider petitioners' objections in de-reservation proceeding within two weeks; stayed construction pending decision.

Padma Lochan Behera Vs State of Odisha — Land Acquisition | Orissa HC (2021)

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W.P.(C). No. 7764 of 2020

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13.04.2021 This matter is taken up through video conferencing mode.

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Heard Mr. S. Mohapatra, learned counsel for the petitioners, Miss Samapika Mishra, learned Additional Standing Counsel for the State-opposite party Nos. 1 to 5 and Mr.N.Sahani learned counsel for the opposite party No.6.

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The petitioners in this writ petition pray for a direction to opposite party No.2-Collector, Khordha to consider the representation of the petitioners dated 10.02.2020 (Annexure-2) and pass appropriate order in accordance with law and further direct to stop the construction, if any, of the Gram Panchayat building over Plot Nos. 2791 and 2773 in mouza Mansinghpur under Chilika block.

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Mr. Mohapatra, learned counsel for the petitioners submits that funds were sanctioned for construction of the Gram Panchayat building of Mansinghpur Gram Panchayat. Accordingly, the Block Development Officer, Chilika-opposite party No.3, intimated the Tahasildar, Chilika-opposite party No.4 for allotment of land for construction of the said building. Pursuant to such intimation, the Tahasildar, Chilika-opposite party No.4, conducted a field enquiry through the concerned Revenue Inspector. Accordingly, Plot Nos.2791 and 2773 of village Mansinghpur under Chilika block recorded under ‘Gochar’ kisam (for short, ‘the case land’) were allotted for construction of Gram

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Panchayat building. It is his submission that the villagers being aggrieved by the said decision filed a representation before the Tahasildar, Chilika-opposite party No.4 not to allot the said plot for construction of the Gram Panchayat building as that was the only ‘Gochar’ land available for grazing of their cattle. But, no attention was given to the said representation. Accordingly, the petitioners filed a representation before the Collector, Khordha on 10.02.2020 (Annexure-2), which was also not paid any heed. But, the Block Development Officer in the meantime issued work order for construction of the Gram Panchayat building for which this writ petition has been filed.

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Miss Mishra, learned ASC relying upon the counter affidavit filed by the Tahasildar, Chilikaopposite party No.4 submitted that no final allotment of the case land has yet been made for construction of the Gram Panchayat building. Proposal is being processed for allotment of Plot No.2791 to an extent of Ac.0.183 decimal only, which is under consideration. At present, there is no proposal in respect of Plot No.2773, as alleged. It is further averred that as no other suitable land is available for construction of the Gram Panchayat building in the said mouza, the case land has been selected as there is surplus ‘Gochar’ land in the above mouza. It is further contended that the Block Development Officer, Chilika-opposite party

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No.3 has filed counter affidavit stating that earlier W.P. (C) No.3772 of 2019 was filed by Kishore Behera and others on the self-same allegation, which was disposed of by this Court on 18.02.2019 with a direction to the Collector, Khordha to take a decision in the matter and it was clarified that construction of Panchayat building, if any, shall be subject to the decision of the Collector. Accordingly, pursuant to the direction of the Collector, Khordha dated 23.12.2020 (Annexure-F/3), a de-reservation proceeding has been initiated by the competent authority, i.e., Tahasildar, Chilika for de-reservation of the case land to make it fit for construction of the Panchayat building.

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Mr. Sahani, learned counsel for the opposite party No.6 submitted that the petitioners suppressing material facts about the order passed in W.P. (C) No. 3772 of 2019, which was filed on the self-same cause of action and the order passed by Collector, Khordha as at Annexure-F/3, have filed this writ application, although they are well aware of the same. In view of the order passed in the aforesaid writ petition as well as the order passed by the Collector under Annexure-F/3, this writ petition is not maintainable.

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In view of the above, Mr. Mohapatra, learned counsel for the petitioners submits that they may be permitted to raise their grievance before Tahasildar, Chilika and a direction be made to consider the same

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before any decision is taken in the said de-reservation proceeding.

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In view of the above, this Court without expressing any opinion on the merits of the case of the parties, disposes of the writ petition with a direction that in the event the petitioners file their objection before the Tahasildar, Chilika-opposite party No.4 in the de-reservation proceeding pending before him ventilating their grievances within a period of two weeks hence along with an authenticated copy of this order, he shall do well to consider the same, in accordance with law before taking a decision in the said de-reservation proceeding.

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8.1 Till a decision is taken in the de-reservation proceeding, giving opportunity of hearing to the parties concerned including the petitioners, there shall be no further construction of the Mansinghpur Gram Panchayat building over the land allotted. 8.2 As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed vide Court’s Notice No. 4587 dated 25^th March, 2020.

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……..……………………

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K.R. MOHAPATRA, J.

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bct

Padma Lochan Behera v. State of Odisha

Case brief

What is this about?

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Padma Lochan Behera v. State of Odisha

Case brief

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