Village Committee Of Village ... vs State Of Odisha And Others
2022 Latest Caselaw 7571 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.33674 OF 2022


            Village Committee of Village Arada, ....            Petitioner(s)
            Jagatsinghpur                                 Mr.N.Lenka,Adv.
                                         -versus-

            State of Odisha and others              ....    Opposite Party(s)
                                                         Mr.S.P.Panda,AGA

                      CORAM:
                      JUSTICE BISWANATH RATH
                                     ORDER

Order No.                          20.12.2022
 02.        1.     This matter was listed yesterday and after hearing for some

time learned counsel for the Petitioner is unable to bring the judgment of this Court observing no public property can be put to custody of any party without entering into auction. Today in the hearing even though Mr.Lenka, learned counsel for the Petitioner produces copy of such judgment. To the contrary learned State Counsel submits materials establishing the property was put to auction, six participants participated and the property ultimately fetched Rs.2,55,000/- as the price quoted as against Rs.11,500/- ultimately decided in favour of the Maa Sarala Self Help Group- Opposite Party No.7 and Opposite Party No.7 is in possession.

2. Mr.Lenka, learned counsel for the Petitioner however submits for the property stood in the name of villagers, panchayat has no right to deal with such property through auction. This Court frames a question to be decided as to if the government property is recorded in favour of the villagers and after elected body came to be placed

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involving the Panchayat if villagers have right over such property to deal it on their own way? It is made clear that in the auction process, the village committee has not participated despite the general notice in the area. The matter needs examination. This Court directs issue notice to the Opposite Parties on the question of admission.

3. Since Opposite Party Nos. 1 to 5 will be represented by learned State Counsel, five extra copies of the brief be served on him within three working days.

4. Notice be issued to Opposite Party Nos. 6 & 7 by way of Speed Post/ Registered Post with A.D., fixing a short returnable date. Requisites for which shall be filed within the aforesaid time.

5. Counter, if any, be filed within two weeks.

                                                          (Biswanath Rath)
                                                               Judge
                                         ORDER
                                       20.12.2022
 Order No.                        I.A. No.16869 of 2022
    03.      1.      Issue notice as above.
             2.      Accept one set of process fee.

3. Any action involving alleged auction shall remain subject to result in the Writ Petition

4. I.A. stands disposed of.

(Biswanath Rath) Judge Swarna