Saroj Kumar Nayak Vs State of Odisha

The Petitioner claiming to be a villager of Oupada Block has assailed the project list circulated under letter dated 10.09.2025 approving the projects under the scheme Bikashita Gaon Bikashita Odisha for the financial year 2025-26 at Annexure1.

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It is the submission of the learned counsel

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for the Petitioner that as per the list at Annexure-4

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Page 1 of 5

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Series, the Gram Sabha has recommended the projects for each Panchayats but unfortunately acting contrary to the schematic arrangement of the list at Annexure-1, none of the projects finds place relating to Oupada Block and it is submitted by the learned counsel for the Petitioner that ventilating his grievance the Petitioner along with other villagers have earlier preferred a representation on 12.12.2025. Since no action was taken, they were forced to submit another representation on 29.12.2025. But in spite of submission of such representation since no action was taken, the Petitioner has moved this Court.

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During the course of hearing, it came to the fore that in the meanwhile there is modification of the guidelines for Bikashita Gaon Bikashita Odisha Scheme whereby the current approving authority has been mentioned in 8.1 thereof. The copy of the resolution is on record at Annexure-6 and paragraph-8 of the said resolution dealing with Substitution of Para 8 (Approving Authority), which is germane for consideration of the grievance of the Petitioner, is extracted hereunder:-

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“(B) Substitution of Para 8 (Approving Authority) with the following.

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Page 2 of 5

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8.1 - There will be a District Level Committee under the chairmanship of the Collectorcum-Chief Executive Officer. Chief Development Officer-cum-Executive Officer, Zilla Parishad of the concerned District will act as Member-Convener with Additional District Magistrate (General), SE/EE of the Rural Development Department and APD, Technical Zilla Parishad as the members.

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8.2- The District Level Committee; after receipt of the project list from the Gram Sabha and considering all the proposals received as per Para 7.2 will scrutinize the admissibility and feasibility of the projects and finalize the projects as per local need & priority keeping in view of the financial allocation for the financial year.

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8.3- List of the finalized projects will be approved by the Collector of the concerned District.

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8.4- Administrative approval and Technical sanction shall be accorded as per Panchayat Samiti Accounting Procedure Rules, 2002 and subsequent amendments made therein from time to time.”

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It is submitted that now the consequential action has to be taken in terms of the notification dated 07.01.2026 at Annexure-6 adverted to hereinabove.

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Page 3 of 5

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Learned counsel for the State submits that after coming into effect the modification to the guidelines as per resolution dated 07.01.2026, the Petitioner has no subsisting cause of action, since his grievance in respect of resolution (Addendum dated 11.03.2025 and Corrigendum dated 25.03.2025) which was primarily in respect of Annexure-1 no longer subsists, the same having been admittedly withdrawn.

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On considering the rival submissions, this Court is of the considered view that interest of justice would be subserved if the Petitioner in his representative capacity is allowed to ventilate his grievance in terms of the guidelines at Annexure-6 and files a fresh representation taking into account the notification dated 07.01.2026 within a period of one week hence.

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Taking into account the submission at the Bar that the fund allocations are financial year wise and the end of financial year 2025-26 is fast approaching, in the event a representation along with a copy of the writ petition and a copy of this order is submitted before the Collector, BalasoreOpposite Party No.2 within a period of one week, he shall consider the same and take a decision within a

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Page 4 of 5

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period of two weeks thereafter and shall communicate the result thereof after giving an opportunity of hearing to the Petitioner or any of the authorized representatives of the concerned Gram Panchayats.

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It is directed that till such a decision is taken, no consequential action in terms of the approval of projects under Annexure-1 dated 10.09.2025 issued by the CDO-cum-E.O. Zilla Parishad shall be taken.

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