Orissa High Court
Nabanita Kapat Patra vs Collector on 12 September, 2025
Bench: K.R. Mohapatra, Sanjeeb K Panigrahi
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 15-Sep-2025 16:24:05
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.1367 OF 2025
Nabanita Kapat Patra ... Appellant
Mr. Gopinath Mishra, Advocate
-versus-
Collector, Kandhamal and another ... Respondents
Mr. Sabita Ranjan Pattanaik,
Additional Government Advocate
along with Miss Gayatri Patra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE DIXIT KRISHNA SHRIPAD
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order No. 12.09.2025
3. 1. This mater is taken up through hybrid mode.
2. Perused the kind minutes of Hon'ble the Chief Justice at
Flag-'B' assigning the matter to be heard by this Bench.
3. The term of reference to be answered by this Bench is as
under:-
"Whether the 'requisition' and the 'Resolution'
appearing in Section 24 of the Odisha Gram
Panchayats Act, 1964 invites any stringent
interpretation that the 'requisition' and the
'Resolution' must be separate and distinct from each
other or a harmonious construction is required to be
adopted where the purpose of requisition relating to no
confidence motion against the Sarapanch is evidently
manifest therefrom and the Ward Members are made
aware of the Resolutions as well as the Agenda of the
said meeting?"
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 15-Sep-2025 16:24:05
Compilation of judgments/orders is filed by Mr. Mishra,
learned counsel for the Appellant and the same is taken on
record.
4. Heard Mr. Mishra, learned counsel for the Appellant
and Mr. Pattanaik, learned Additional Government Advocate.
5. In course of hearing, it is noticed that Intervenors (nine
in numbers) had taken part in hearing of W.P.(C) No.31072
of 2024 and the order passed in the said Writ Petition is
assailed in this Inter-Court Appeal. Thus, it is felt necessary
to give an opportunity of hearing to the Intervenors in the
matter.
6. It further appears that following nine Intervenors had
filed IA No.314 of 2025 in W.P.(C) No.31072 of 2024 and
participated in the hearing of the Writ Petition.
1) Mishra Mallick, aged about- 29 years, Son of
Jaguta Mallick, Village- Hathimunda, PO- Hathimunda,
PSBamhunigaon, District- Kandhamal,
2) Ranjita Mallick, aged about 32 years, W/o-
Ranjiva Mallick, village/PO- Tamangi, PS-
Bamhunigaon, District-Kandhamal,
3) Kaira Dash Majhi, aged about 38 years, S/o-
Kradilla Deshmajhi, Village/P.O- Tamangi, P.s-
Bamhunigaon, district- Kandhamal,
4) Kabita Mallick, aged about 30 years, W/o-
Rajendra Mallick, Village/P.O- Pidadhamaha, P.s-
Bamhunigaon, District- Kandhamal,
5) Sarmalata Digal, aged about- 40 years, wife of-
Mukesh Mallick, village/P.O- Panasapadara, PS-
Bamhunigaon, District- Kandhamal,
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 15-Sep-2025 16:24:05
6) Sundarimati Mallick, aged about- 29 years. Wife
of- Surat Mallick, Village/P.O- Tamangi, PS-
Bamhunigaon, District- Kandhamal,
7) Prativa Baliarsingh, aged about- 40 years, W/o-
Sukanta Baliarsingh, Village/P.O- Kumbharipada,
PSBamhunigaon, District- Kandhamal,
8) Sasmita Mallick, aged about- 37 Years, Wife of-
Bhaskar Mallick, Village/P.O- Bijali, PS-
Bamhunigaon, District- Kandhamal,
9) Tabita Mallick, aged about- 26 Years, W/o-
Abhayalekha, Majhi Village/PO- Hathimunda, PS-
Bamhunigaon, District- Kandhamal.
7. Hence, issue notice to above nine applicants (in IA
No.314 of 2025 to the Writ Petition) by speed post/registered
post with AD, requisites for which shall be filed by 15th
September, 2025.
8. Put up this matter on 16th October, 2025 enclosing
tracking report of the Postal Department.
(K.R. Mohapatra)
Judge
s.s.ssatpathy
(Dixit Krishna Shripad)
Judge
(Dr. Sanjeeb K Panigrahi)
Judge
