Sri Bhadra Charan Kishan vs State Of Odisha And Others
2023 Latest Caselaw 557 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 WA No.48 of 2020

            Sri Bhadra Charan Kishan                  ....          Appellant
                                               Mr. S.K. Samantaray, Advocate
                                          -versus-
            State of Odisha and others                ....       Respondents
                                              Mr. Debakanta Mohanty, A.G.A.


             CORAM:
             THE CHIEF JUSTICE
             JUSTICE M.S. RAMAN

                                          ORDER

Order No. 17.01.2023

02. 1. The challenge in the present writ appeal is to a judgment dated 20th December 2019 passed by the learned Single Judge allowing W.P.(C) No.806 of 2017 filed by Respondent Nos.6 to 11 who all are residents of village Jharmunda in District-Deogarh protesting against the shifting of the headquarters of the newly created Gram Panchayat from Jharmunda to Gambharipasi).

2. By virtue of the impugned judgment, the learned Single Judge has quashed the order dated 22nd December 2016 passed by the Commissioner-cum-Secretary, Government of Odisha, Panchayati Raj Department which was at the instance of the present Appellant who was impleaded in the said writ petition as Opposite Party No.6.

3. Several reasons have been set out in the impugned judgment of the learned Single Judge for coming to the conclusion that the

order dated 22nd December 2016 was bad in law. One was that it was in gross violation of principles of natural justice as the villagers of village Jharmunda who were likely to be affected by the order were not heard. It has been noted in paragraph 10 that while the present Appellant appeared for the personal hearing and the DPO, Deogarh was also present. None of the other concerned parties were even issued notice before the order dated 22nd December 2016 was passed.

4. Secondly, the learned Single Judge has noted that reliance was placed on a map the authenticity of which was not established. Thirdly, it was found that the Commissioner had exercised its jurisdiction on the basis of recommendation made by the local MLA on 14th January, 2016. The learned Single Judge therefore concluded that the Commissioner "has not applied its mind and directed for change of headquarters of the Jharmunda Grama Panchayat from Jharmunda to Gambharipasi in the name of the administrative convenience and larger public interest".

5. Learned counsel for the Appellant first submits that the impugned judgment of the learned Single Judge requires to be interfered with since the present Appellant was not given an opportunity of being heard. This is not correct as is evident from a perusal of the impugned judgment which shows that not only was the present Appellant impleaded as Opposite Party No.6 in the writ petition, but was also represented by a counsel who was heard before the impugned judgment was passed by the learned Single Judge.

6. As regards the merits, the learned counsel for the Appellant has been unable to explain how the order dated 22nd December 2016 of the Commissioner could have been passed without hearing the affected villagers of village Jharmunda. He could also not explain how a map that was not authenticated could have been relied upon by the Commissioner in deciding to shift the headquarters to Gambharipasi.

7. Consequently, the Court is not satisfied that any error has been committed by the learned Single Judge in the impugned judgment. No grounds have been made out for interference. The writ appeal is dismissed.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S.K. Guin