Sarapanch, Jogisarda Gram Panchayat, Bolangir Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sarapanch, Jogisarda Gram Panchayat, Bolangir Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without expressing opinion on merits, directing the BDO, Loisinga (opposite party No.4) to consider the petitioner's grievance as reflected in the representation dated 24.12.2024, to dispose of the representation within two weeks from production of certified copy of the order, with liberty to the petitioner to seek orders for non-disbursement of amounts relating to the work under the Scheme.

Issue for consideration

Whether the petitioner's grievance that he, as Sarapanch, is not being consulted regarding the quality of work executed under the PMAGY Scheme (with alleged meddling by outsiders), raised through his representation dated 24.12.2024 to the BDO, Loisinga, should be considered and acted upon.

Court's answer

Without expressing any opinion on the merits, the writ petition is disposed of directing the BDO, Loisinga (opposite party No.4) to consider the grievance of the petitioner as reflected in the representation dated 24.12.2024 and to take necessary steps as he deems proper in accordance with law.

Ratio / Principle

The representation shall be disposed of within two weeks from the date of production of certified copy of the order by the petitioner.

Key takeaways

It is open to the petitioner to seek appropriate orders for non-disbursement of amounts relating to the work under the Scheme, and in such event the BDO shall pass necessary orders in accordance with law.ratio¶19

Detailed headnote1 paragraphs

Writ petition by the Sarapanch of Jogisarda Gram Panchayat, Bolangir alleging that he was not being consulted regarding works executed under the Pradhan Mantri Adarsh Gram Yojana (PMAGY) Scheme, that the quality of work by executing agencies was below the Government of India guidelines, and that outsiders were meddling in the works; a representation dated 24.12.2024 had been submitted to the BDO, Loisinga and a Gram Panchayat resolution passed on 31.12.2024. Held: disposing of the writ petition without expressing any opinion on the merits, the Court directed the BDO, Loisinga (opposite party No.4) to consider the grievance reflected in the representation dated 24.12.2024 and take necessary steps in accordance with law; the representation to be disposed of within two weeks from production of certified copy of the order; liberty granted to the petitioner to seek appropriate orders for non-disbursement of amounts relating to the work under the Scheme, upon which the BDO shall pass necessary orders in accordance with law.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 975 of 2025

Sarapanch, Jogisarda Gram ..... Petitioner Panchayat, Bolangir

Mr. M.K. Mohapatra, Advocate

-Versus-

State of Odisha and Ors.

..... Opposite party Addl. Government Advocate

CORAM: THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER

13.01.2025

Order No.

01.

This matter is taken up through hybrid mode.

The limited grievance of the petitioner is that even though he is the Sarapanch of the concerned Gram Panchayat, he is not being consulted at all in relation to the quality of work being conducted under the Pradhan Mantri Adarsh Gram Yojana (PMAGY) Scheme.

It is submitted that certain guidelines have been issued for implementation of the scheme by the Government of India. According to the petitioner, the quality of work being executed by the executing agencies is not up to the mark and not as per the guidelines. In this regard, the petitioner has submitted representation to the Block Development Officer, Loisinga highlighting his grievance, which includes the allegation that several outsiders have been unnecessarily meddling in the concerned works. Accordingly, a resolution was passed by the Gram Panchayat on 31.12.2024.

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After considering the submissions, this Court is of the view that a representation having been submitted to the BDO, the same should be considered and disposed of at the first instance. Therefore, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the BDO, Loisinga (opposite party No.4) to consider the grievance of the petitioner as reflected in the representation dated 24.12.2024 and to take necessary steps as he deems proper in accordance with law.

The representation shall be disposed of within two weeks from the date of production of certified copy of this order by the petitioner.

It shall be open to the petitioner to pray for passing of appropriate orders for non-disbursement of the amounts relating to the work under the Scheme. In such event, the BDO shall pass necessary orders in accordance with law.

A.K. Rana

(Sashikanta Mishra) Judge

Signature Not Verified

Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 13-Jan-2025 16:28:33

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