Citation : 2026 Latest Caselaw 1870 Ori
Judgement Date : 26 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 5415 of 2026
1. Sandhyarani Panda
2. Gobardhan Dwary
3. Padmalaya Mohapatra
4. Laxmikanta Malik .... Petitioner
Mr. A. Das, Sr. Advocate
With
Ms. S.R. Panda, Advocate
-versus-
1. State of Odisha represented
through its Principal
Secretary to Govt.
Panchayat Raj and Drinking
Water Department, At-New
Secretariat, Bhubaneswar,
Khurda
2. Director Panchayat Raj and
Drinking Water Department,
At-Directorate Building,
BBSR, Khurda
3. Collector and District
Magistrate, Balasore
4. CDO-cum-Executive Officer,
Zilla Parishad, Balasore
5. Block Development Officer, .... Opposite Parties
Soro, Balasore
Mr. M.R. Mohanty, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
26.02.2026 Order No.
02. 1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. The Petitioners claiming to be Sarpanch of different Gram Panchayats under Soro Block have assailed the inaction of the Opposite Parties in executing the project list circulated under letter dated 10.07.2025 approving the projects under the scheme Bikashita Gaon Bikashita Odisha for the financial year 2024-25 at Annexure-6.
3. During the course of hearing, it came to the fore that in the meanwhile there is modification of the guidelines for Bikashita Gaon Bikashita Odisha Scheme whereby the current approving authority has been mentioned in 8.1 thereof. The copy of the resolution is on record at Annexure-7 and paragraph-8 of the said resolution dealing with Substitution of Para 8 (Approving Authority), which is germane for consideration of the grievance of the Petitioner, is extracted hereunder:-
"(B) Substitution of Para 8 (Approving Authority) with the following.
8.1 - There will be a District Level Committee under the chairmanship of the Collector-cum- Chief Executive Officer. Chief Development Officer-cum-Executive Officer, Zilla Parishad of the concerned District will act as Member- Convener with Additional District Magistrate (General), SE/EE of the Rural Development Department and APD, Technical Zilla Parishad as the members.
8.2- The District Level Committee; after receipt of the project list from the Gram Sabha and considering all the proposals received as per
Para 7.2 will scrutinize the admissibility and feasibility of the projects and finalize the projects as per local need & priority keeping in view of the financial allocation for the financial year.
8.3- List of the finalized projects will be approved by the Collector of the concerned District.
8.4- Administrative approval and Technical sanction shall be accorded as per Panchayat Samiti Accounting Procedure Rules, 2002 and subsequent amendments made therein from time to time."
4. It is submitted that now the consequential action has to be taken in terms of the notification dated 07.01.2026 at Annexure-7 adverted to hereinabove.
5. Learned counsel for the State submits that after coming into effect the modification to the guidelines as per resolution dated 07.01.2026, the Petitioners have no subsisting cause of action, since their grievance in respect of resolution (Addendum dated 11.03.2025 and Corrigendum dated 25.03.2025) which was primarily in respect of Annexure-1 no longer subsists, the same having been admittedly withdrawn.
6. On considering the rival submissions, this Court is of the considered view that interest of justice would be subserved if the Petitioners in their representative capacity are allowed to ventilate their grievance in terms of the guidelines at Annexure-7 and files a fresh
representation taking into account the notification dated 07.01.2026 within a period of one week hence.
7. Taking into account the submission at the Bar that the fund allocations are financial year wise and the end of financial year 2024-25 is fast approaching, in the event a representation along with a copy of the writ petition and a copy of this order is submitted before the Collector and District Magistrate, Balasore-Opposite Party No.3 within a period of one week, he shall consider the same and take a decision within a period of two weeks thereafter and shall communicate the result thereof after giving an opportunity of hearing to the Petitioners or any of the authorized representatives of the concerned Gram Panchayats.
8. It is directed that till such a decision is taken, no consequential action in terms of the approval of projects under Annexure-6 dated 10.07.2025 issued by the CDO-cum-E.O. Zilla Parishad shall be taken.
9. The writ petition is accordingly stands disposed of.
10. In view of disposal of writ petition, pending I.As., if any stand disposed of.
(V. Narasingh)
Santoshi
Location: High Court of Orissa, Cuttack Date: 27-Feb-2026 19:15:09
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