Subasini Jena Vs Collector and District Magistrate , Bhadrak — Orissa HC (2025) — LawSathi Research

Subasini Jena Vs Collector and District Magistrate , Bhadrak — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party No.1 to consider and examine Annexure-6 (representation dated 25.08.2025), if received, provide a personal hearing and dispose of it at the earliest preferably within a fortnight from receipt of a copy of the order; and deferral of the alleged project (Saptaghara Community Centre, Nandore), if not already commenced, till a final decision on Annexure-6 by opposite party No.1.

Issue for consideration

Whether the project list of the G.P./Grama Sabha was tampered with — excluding Sl.No.1 and approving a project at Nandore (Sl.No.15, Saptaghara Community Centre) which was not proposed at all — warranting enquiry on the petitioner's representation (Annexure-6 dated 25.08.2025). +1 more

Ratio / Principle

The writ petition stands disposed of with a direction to opposite party No.1 to consider and examine the representation (Annexure-6, printed as 'Anneaxure-6'), if received from the petitioner, and upon providing a personal hearing, to dispose it of at the earliest preferably within a fortnight from the date of receipt of a copy of the order.

Key takeaways

In respect of the alleged project, if it has not already commenced in the meantime, the same shall be deferred till a final decision is taken on Annexure-6 by opposite party No.1.ratio¶22

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (R.K. Pattanaik, J.), order dated 17.09.2025 in W.P. (C) No.25221 of 2025 — Subasini Jena v. Collector & District Magistrate, Bhadrak and others. The petitioner alleged that the Grama Sabha project list under the scheme 'Bikashita Goan Bikashita Odisha' (guidelines at Annexure-1, Panchayati Raj & D.W. Department) was altered in the approved Annual Action Plan (Annexure-4) of the CDO-cum-EO, Zilla Parishad: the item at Sl.No.1 was excluded and Sl.No.15 — construction of Saptaghara Community Centre, Nandore, a project not proposed — was included. Having moved a representation dated 25th August, 2025 (Annexure-6) with opposite party No.1, she sought enquiry and modification of the approved list. The Court disposed of the writ petition, directing opposite party No.1 to consider and examine Annexure-6, if received, and upon personal hearing dispose of it preferably within a fortnight from receipt of a copy of the order, and further directing that the alleged project, if not already commenced, be deferred till a final decision on Annexure-6.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.25221 of 2025

Subasini Jena

…. Petitioner

Dr. J.K. Lenka, Advocate

-Versus-

Collector & District Magistrate, …. Opposite parties Bhadrak and others

Mr. P.K.Ray, AGA

CORAM: MR. JUSTICE R.K. PATTANAIK

ORDER

17.09.2025

Order No.

1. Heard Dr. Lenka, learned counsel for the petitioner and Mr. Ray, learned AGA for the State.

Instant petition is filed by the petitioner for a direction to opposite party No.2 to cause an enquiry on the basis of representation at Annexure-6 dated 25^th August, 2025 and to modify the approved project list submitted by the CDO-cumEO, Zilla Parishad vide Annexure-4 on the grounds stated.

Referring to Annexure-5 series, it is submitted by Dr. Lenka, learned counsel for the petitioner that the said project list of Grama Sabha was submitted and it was received scrutiny, however, finally, the Annual Action Plan excluded one of the items at Sl.No.1 thereof and included Sl.No.15 with respect to construction of Saptaghara Community Centre,

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Nandore. The submission is that the project list of Grama Sabha has been changed with the inclusion of a project which was not proposed and in that connection, the petitioner moved opposite party No.1 with the representation i.e. Annexure-6 and therefore, a direction may perhaps be issued to the said authority to examine it immediately.

Recorded the submission of Mr. Ray, learned AGA for the State.

Perused the letter of the Government in Panchayati Raj & D.W. Department at Annexure-1 providing the guidelines for the scheme ‘Bikashita Goan Bikashita Odisha’. As per the said scheme, the project list shall be submitted by the G.P. for scrutiny by a Technical Committee at the block level and the Panchayat Samiti shall recommend the scrutinized project list to the District Collector for final approval. The contention of the petitioner is that the project list of the G.P. was tampered with and approved in respect of a project at Nandore which was not proposed at all. Since the grievance of the petitioner by a representation dated 25^th August, 2025 is submitted and received by opposite party No., recording such submission of Dr. Lenka, learned counsel for the petitioner and response of Mr. Ray, learned AGA for the State, the Court is of the view that it is required to be attended to and disposed of within a stipulated period.

Hence, it is ordered.

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In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party No.1 to consider and examine Anneaxure-6, if in case, the same is received from the petitioner and upon providing a personal hearing, to dispose it of at the earliest preferably within a fortnight from the date of receipt of a copy of this order. It is further directed that in respect of the alleged project, if it has not already commenced in the meantime, the same shall be deferred till a final decisions taken on Annexure-6 by opposite party No.1.

Urgent copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

kabita

Signature Not Verified

Digitally Signed Signed by: KABITARANI MAJHI Designation: Secretary Reason: Authentication Location: OHC, Cuttack Date: 18-Sep-2025 17:57:23

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