Orissa High Court
Krushna Chandra Jhapatsingh And ... vs State Of Odisha And Others on 21 June, 2024
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 24-Jun-2024 12:24:51
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 22668 OF 2016
(An application under Articles 226 & 227 of the
Constitution of India)
*****
Krushna Chandra Jhapatsingh and another
...... Petitioners
-Versus-
State of Odisha and others
....... Opp. Parties
Advocates appeared:
For Petitioner : Mr. Ashok Kumar Das, Advocate
For Opp. Parties : Mr. Amiya Kumar Mishra,
Additional Government Advocate
CORAM :
MR. JUSTICE K.R. MOHAPATRA
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Heard and disposed of on 21.06.2024
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JUDGMENT
K.R. Mohapatra, J.
1. This matter is taken up through hybrid mode.
2. The Petitioners, who are natives of Sampur village under
Khanguria Gram Panchayat (G.P.) in Bolgarh Block of district
Khurda have filed this writ petition assailing Order No.23098
dated 9th December, 2016 (Annexure-10) passed by the
Commissioner-cum-Secretary, Panchayati Raj Department,
Bhubaneswar, whereby the representation made by them for
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Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 24-Jun-2024 12:24:51
bifurcation of Khanguria G.P. and for creation of Sampur G.P.,
has been rejected.
3. Mr. Das, learned counsel for the Petitioners submits that
the dispute involved has a checkered career. On 30th April, 1995,
nine wards of Khanguria G.P. unanimously passed a resolution
to create new G.P., namely, Sampur G.P. (Annexure-1).
Subsequently, Panchayati Raj Department, Government of
Odisha issued notification No.9250 dated 11th May, 2001
inviting objections for reconstitution of G.Ps. in the State.
Accordingly, the villagers of Sampur G.P. represented for
bifurcation of Khanguria G.P. and for creation of Sampur G.P.
The representation of the Petitioners was not paid any heed.
Hence, OJC No.16849 of 2001 was filed by the villagers of
Sampur village assailing inaction of the State Government for
creation of Sampur G.P. The writ petition was disposed of on
20th December, 2001 directing that the Villagers should
represent the State Government for redressal of their grievances.
When the matter stood thus, one, Government of Odisha in the
Panchayati Raj Department created Anara G.P. vide notification
No. 8058 dated 25th February, 2009 (Annexure-11), whereas the
Petitioners' grievance remained unredressed. Thus, the
Petitioners filed another writ petition in W.P.(C) No.3963 of
2011, which was disposed of on 9th August, 2011 with a
direction to the Collector-cum-District Magistrate, Khurda to
consider the case of the Petitioners keeping in mind the
notification under Annexure-11. Accordingly, Collector, Khurda
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Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 24-Jun-2024 12:24:51
initiated Misc. Case No.23 of 2011 on his file and vide his order
dated 30th December, 2011 (Annexure-3) disposed of the Misc.
Case with the finding that when preparatory work for PRI
Election 2012 was in progress, submission of proposal to the
Government in the PR Department would not be just and proper.
Being aggrieved, the Petitioners moved this Court in W.P.(C)
No.1542 of 2016 assailing the order passed by the Collector,
Khurda under Annexure-3.
3.1. During pendency of the writ petition, Panchayati Raj
Department issued notification No.10729 dated 1st July, 2015
(Annexure-4) providing guidelines for delimitation,
reorganization and constitution of G.P. in terms of guidelines as
per the notification under Annexure-4, the BDO, Bolagarh-
Opposite Party No.5 vide his letter No.2471 dated 31st July,
2015 submitted proposal for creation of Sampur G.P. by
bifurcating it from Khanguria G.P. The recommendation of
Block Level Committee (BLC) was also enclosed with the said
letter. However, the District Level Committee (DLC) rejected
the said proposal vide order dated 9th September, 2015 under
Annexure-6. Taking note of the developments, this Court vide
its order dated 15th September, 2016 (Annexure-7) disposed of
W.P.(C) No.1542 of 2016 directing that in the event the
Petitioners submit a representation to the State Government in
PR Department, it would be disposed of within a period of two
months from the date of receipt of the said order. Accordingly,
the Petitioners submitted their representation under Annexure-8,
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Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 24-Jun-2024 12:24:51
which was rejected vide order under Annexure-10. Assailing the
same, this writ petition has been filed.
4. Mr. Das, learned counsel for the Petitioners further
submits that the grounds on which the representation of the
Petitioners was rejected are not sustainable in the eye of law, as
the State Government misread the notification under Annexure-4
and the provisions of law. It is his submission that as per Clause-
5 of the notification under Annexure-4, it is clear that Grama
Panchayats having population around 10,000 or more shall be
bifurcated and reorganized basing on geographical location,
natural barrier and administrative convenience for constitution of
a new Grama Panchayat. The population of existing Khanguria
G.P. was 10,482 as per 2011 census, as would be apparent from
PR Notification No.10729 dated 1st July, 2015. Thus, in view of
Clause-5 of the notification under Annexure-4, Khanguria G.P.
should have been bifurcated. Further, the BLC has
recommended for bifurcation of Khanguria G.P. and creation of
Sampur G.P. The DLC rejected the proposal without assigning
good reason. The aforesaid aspect was not taken into
consideration under Annexure-10. The State Government took
into consideration the clauses of the notification under
Annexure-4, more particularly, Clause-7 meant for fixation of
headquarter of G.P., which is not the subject matter of dispute in
the representation under Annexure-8. He further submits that in
view of the geographical location and convenience of the public,
Sampur G.P. should be created by bifurcating Khanguria G.P.
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Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 24-Jun-2024 12:24:51
Thus, he prays for setting aside the order under Annexure-10 and
to direct the State Government to create Sampur G.P. bifurcating
existing Khanguria G.P.
5. Mr. Mishra, learned Additional Government Advocate
vehemently objects the submission of Mr. Das, learned counsel
for the Petitioners. He drew attention to Section 3 of the Odisha
Grama Panchayat Act, 1964 (for brevity 'the Act') and submits
that no Grama shall, so far as may be reasonably practicable, be
constituted with a population of less than two thousand and more
than ten thousand but in no event shall a village be divided and a
part thereof included within a Grama. He further submits that as
per the notification under Annexure-4, reorganization of G.P.
should be taken up within the boundaries of existing Panchayat
Samiti as per the provision under Section 3(3) of the Act. The
population of Sampur village is less than 1,000. Thus, it does not
meet the requirement for creation of new G.P. The population of
Khanguria G.P as per 2011 census was marginally higher than
10,000. Clause-5 of the notification under Annexure-4 has to be
read with other clauses of said notification together with
provisions of the Act. Taking into consideration the objections
raised by the Petitioners as well as the provisions of law and
materials available on record, the State Government has passed
the impugned order under Annexure-10, which warrants no
interference.
6. Heard learned counsel for the parties. Perused the
materials on record together with provision of law.
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Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 24-Jun-2024 12:24:51
7. Section 3 of the Act deals with constitution of Grama.
Section 3(3) of the Act reads as under:
"3. xxx xxx xxx
(3) No Grama shall, so far as may be reasonably
practicable, be constituted with a population of less than
two thousand and more than ten thousand but in no event
shall a village be divided and a part thereof included
within a Grama."
Clause-5 & 6 of the notification under Annexure-4 issued
by the Government stating the guidelines for reconstitution and
reorganization of the G.P. are as under:
"5. Grama Panchayats having population around
10,000 or more shall be bifurcated and reorganized
basing on geographical location, natural barrier and
administrative convenience for constitution of a new
Grama Panchayat.
6. Boundary of existing Grama Panchayat will be
changed by inclusion and exclusion of villages on the
ground of geographical contiguity, natural barrier and
administrative convenience."
On the basis of the aforesaid provisions, the case of the
Petitioners needs consideration.
8. Mr. Das, learned counsel for the Petitioners contended
that the BLC recommended for bifurcation of Khanguria G.P.
and reconstitution of a new G.P., namely, Sampur G.P., as the
population of Khanguria G.P was more than 10,000 as per 2011
census. Admittedly, population of Khanguria G.P was more than
10,000 and to be more precise, 10,482 as per 2011 census. The
same was also clarified in the PR Department notification
No.10729 dated 1st July, 2015 (Sl. No.5). Had it been the sole
criteria for bifurcation of existing G.P. and creation of a new
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Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 24-Jun-2024 12:24:51
G.P. then there would not have been any difficulty in
considering the case of the Petitioners. But, the criteria for
bifurcation of a G.P. and creation of another was dependent
upon consideration of provisions of the Act as well as guidelines
provided under Annexure-4.
9. Clause-3(3) of the Act clearly specifies that no Grama
shall, so far as may be reasonably practicable, be constituted
with a population of less than two thousand and more than ten
thousand. In the instant case, the population of Sampur village is
less than 1,000 as per 2011 census. Thus, it did not qualify to be
constituted as a Grama under Section 3(3) of the Act. It is also
clarified in Annexure-10 that all the villages under Khanguria
G.P. are within 2 KMs from headquarter. No material on record
is placed before this Court to show that there is any geographical
barriers for the villagers of Sampur to approach headquarter of
Khanguria G.P.
10. Although the BLC recommended and proposal was
submitted by the BDO, Bolagarh for creation of new G.P. by
bifurcating it from existing Khanguria G.P., but the DLC did not
accept the said proposal, as it did not meet the aforesaid
requirements. On perusal of Annexure-8, the representation of
the Petitioners submitted to the Government on the basis of
which Annexure-10 was passed, this Court finds that no good
ground is taken for creation of Sampur G.P. by bifurcating it
from existing Khanguria G.P. The main ground, on the basis of
which the representation was filed, was that the BLC had
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Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 24-Jun-2024 12:24:51
recommended for bifurcation of existing Khanguria G.P. and
creation of Sampur G.P.
11. There cannot be any iota of doubt that Clause-5 of the
notification under Annexure-4, which provides that Grama
Panchayat having population of around 10,000 or more shall be
bifurcated and reorganized, but the said clause has to be read
along with other clauses of the said notification together with the
provisions of the act. Taking into consideration of the provision
under Section 3(3) of the Act and discussions made above, this
Court is of the considered opinion that Sampur village does not
satisfy the requirements for being recognized as a Grama
Panchayat. As such, the State Government has committed no
error in rejecting the representation of the Petitioners under
Annexure-8 vide order under Annexure-10.
12. Accordingly, the writ petition being devoid of any merit
stands dismissed. In the facts and circumstances, there shall be
no order as to costs. The tagged case records be sent back to the
concerned Section forthwith.
(K.R. Mohapatra)
Judge
Orissa High Court, Cuttack,
Dated 21st June, 2024/Madhusmita
