Orissa High Court
Muni Hasda vs State Of Odisha Represented By Its on 4 June, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 15279 of 2025
Muni Hasda ..... Petitioner
Mr. L.K. Maharana, Advocate
-versus-
1. State of Odisha represented by its
Principal Secretary, Department of
Panchayati Raj and Drinking Water
Department, Bhubaneswar
2. Collector, Balasore,
3. Block Development Officer,
Jaleswar
4. Tahasildar, Jaleswar
5. Junior Engineer, Jaleswar
6. Project Director, D.R.D.A.
Balasore ..... Opp. Parties
Mr. Chitta Ranjan Swain, A.G.A.
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
04.06.2025 Order No. (Through hybrid Mode)
01.
1. This writ application has been filed challenging the order dated 23.08.2024 passed by the Collector, Balasore disposing of the representation of Gadashi Baliapal Gram Panchayat represented by the then Sarpanch Muni Hasda (present petitioner) as per order dated 24.12.2020 passed in in W.P.(C) No. 34619 of 2020.
2. It appears that the writ application has been disposed of on 24.12.2020 by this Court directing for disposal of the representation of the petitioner within a period of three months from the date of receipt of the certified copy of the order.
Page 1 of 3
3. The representation has been finally disposed of on 23.08.2024 by the order which is impugned in this writ petition.
4. Mr. L.K. Maharana, learned counsel for the petitioner submits that the petitioner is no longer the Sarpanch, but the grievance of the petitioner made in the year 2020 remains unaddressed inasmuch as though it was the grievance of the petitioner that for construction of Gram Pranchayat building, initially land had been identified in Plot No.1348 of Khata No. 580, thereafter another land was identified in Plot No. 1349 of Khata No. 577. Instead of making construction over the said plot, construction was being carried out over Plot No. 1347 of Khata No. 159, Plot No. 1350 and Plot No. 1351 of Khata No. 363, and the petitioner was neither given a chance to take part in the joint enquiry nor was a copy of the joint enquiry report furnished to her. Mr. Maharana, learned counsel points out that while disposing of the representation, it has been stated that, as per the joint enquiry report the construction is going on over Plot No. 1349, Kisam-Gharabari, Khata No. 577 (Abada Jogya Anabadi Area Ac.0.070 dec.) without taking prior approval from the Government Authority for alienation of the government land as per the prescribed procedure under OGLS Act/Rule, but actually the construction is also being carried on Plot Nos. 1347 of Khata No. 159, Plot Nos.1350 and 1351 of Khata No. 363 which are recorded as Gadia and in favour of the Primary School, for Page 2 of 3 which government sanctioned money will be wasted.
5. As Plot No. 1348 is recorded as Gadia and Plot No.1347 is recorded as Gharabari in the name of Baliapal Primary School, and it is stated and construction of the Gram Panchayat building is continuing, issue notice to the opposite parties on the question of admission indicating therein that the Writ Application shall be disposed of at the stage of admission.
6. Mr. Chitta Ranjan Swain, learned Additional Government Advocate of the State accepts notice on behalf of the opposite parties.
7. List this case on 25.06.2025. In the meanwhile, to enable the learned Additional Government Advocate shall obtain instructions regarding construction and file affidavit. I.A. No. 9140 of 2025
8. Issue notice as above.
9. In the meanwhile, if construction of Gram Panchayat Building is going on over Plot No. 1347 of Khata No. 159, Plot Nos. 1350 and 1351 of Khata No.363, the status quo shall be maintained in respect of the construction over those plots.
10. Urgent certified copy of this order be granted on proper application.
(Savitri Ratho) Vacation Judge Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Page 3 of 3 Location: Orissa High Court, Cuttack Date: 05-Jun-2025 17:03:34