Anlo Gram Panchyat vs State Of Orissa & Ors
2023 Latest Caselaw 13130 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.P.(C) No.34834 of 2023

                 Anlo Gram Panchyat                         ....                 Petitioner

                                                                 Mr. S.K. Dalai, Advocate


                                                 -versus-
                 State of Orissa & Ors.                     ....          Opposite Parties
                                                                    Mr. Y.S.P.Babu, AGA


                       CORAM: JUSTICE SANJAY KUMAR MISHRA

                                               ORDER

19.10.2023 Order No.

01. This matter is taken up through hybrid mode.

2. Heard Mr. Dalai, learned Counsel for the Petitioner so also Mr. Babu, learned Additional Government Advocate for the State-Opposite Parties.

3. The Petitioner Gram Panchayat namely, Anlo Gram Panchayat has been preferred the present Writ Petition with the following prayers.

PRAYER

"It is therefore, humbly rayed that this Hon'ble Court may kindly graciously be pleased to admit the writ petition, issue rule nisi calling upon the opposite Parties to show cause as to why;

i) Appropriate direction shall not be given to opposite parties more especially opposite party no 2 to 4 to allow the present Gram Panchyat to carry on distribution of PDS system through Gram Panchyat in kind consonance with the constitutional provisions forthwith to secure ends of justice.

ii) Action of the opposite parties more especially opposite party no 2 to 4 shall not be declared as illegal, arbitrary, malafide and unconstitutional.

So also contrary to the settled principle of Law. If the Opposite Parties fail to show cause or show insufficient cause the Hon'ble Court may be pleased to make the absolute;

And/or pass any other order/order, direction/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of case;"

4. Mr. Dalai, learned Counsel for the Petitioner draws attention of this Court to Article 243(G) read with serial no.28 under 11th Schedule of the Constitution of India and Section 44 (1)(z)(3) of the Odisha Grama Panchyat Act, 1964 , which deals with the powers, duties and functions of Gram Panchayats which includes Public Distribution System and submits, in terms of the said legal provisions so also Clause 4 of the Odisha PDS (Control) Order, 2016, which deals with the Appointment of Dealers and Grant of License for dealing with the PDS system, the present Petitioner being a Gram Panchyat, is having a preferential right over Women Self Help Groups, Cooperative Societies and other Self Help Groups for dealing with the PDS system.

5. Mr. Dalai further submits, contrary to the provisions under the Odisha Gram Panchyat Act, 1964 so also Odisha PDS (Control) Order, 2016 the present Opposite Party Nos.2 to 4 have assigned the said work of carrying on distribution of PDS system to the present Opposite Party Nos.5 to 7, for which the prayer made in the Writ Petition deserves to be allowed.

6. For ready reference, the said provisions under Section 44 (1)(z)(3), of Odisha Grampanchyat Act, 1964 so also sub clause 3 in clause 4 of the Odisha PDS (Control) Order, 2016 are extracted below:-

CHAPTER-VI

"Powers, duties and functions of Grama Panchyats

44. Obligatory functions- [(1) Subject

to the provisions of this Act and the rules made thereunder, it shall be the duty of a Grama Panchayat, within the limits of its funds to undertakes, control and administer and be responsible for the following matters in respect of the Grama, namely:

Xxxxx (z-3) Public distribution system;"

"4. Appointment of Dealers and Grant of License-

(3) Preference for appointment and for grant of license as dealer shall be given to Gram Panchyats or Urban Local Body, as the case may be, followed by Women Self Groups, Cooperative Societies, and other Self Help Groups in that order."

7. To substantiate his submission, after serving copy of the same on learned Counsel for the State-Opposite Parties , Mr. Dalai hands up the copy of judgment dated 13.01.2017 passed in W.P.(C) No.13759 of 2016 (Gambharimunda Grama Panchyat v. State of Orissa & Ors.) and submits, the prayer made in the Writ Petition is squarely covered by the said judgment delivered by the coordinate Bench.

8. In view of the above legal provisions, this Court is of the opinion that there is no need to issue notice to the private Opposite Parties and matter can be disposed at the stage of admission giving direction to the Collector, Cuttack to deal with and dispose of the representation of the Petitioner/Gram Panchyat dated 21.08.23 , as at Annexure-2, within a stipulated period.

9. Hence, the Writ Petition stand disposed of directing the Collector, Cuttack (O.P.No.2) to deal with and dispose of the

representation of the Petitioner as detailed above within four weeks from the date of production of the certified copy of this order in terms of the observation made above.

10. The Petitioner shall supply a copy of the Writ Petition with the annexures to the Collector, Cuttack, along with the certified copy of this order.

(S.K. MISHRA) JUDGE Banita

Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK