Mr. S. Palit vs State Of Odisha And Others .... Opposite ... on 5 December, 2025

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Orissa High Court

Mr. S. Palit vs State Of Odisha And Others .... Opposite ... on 5 December, 2025

Bench: R.K. Pattanaik

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   W.P.(C) No.34121 of 2025
            il   Benudhar Pradhan                        ....             Petitioner
                                                    Mr. S. Palit, Senior Advocate

                                             -Versus-
            State of Odisha and others                    ....    Opposite Parties
                                                                Ms. B. Dash, ASC
                           CORAM:
                           MR. JUSTICE R.K. PATTANAIK
                                            ORDER

05.12.2025 Order No.

01. 1. Though the matter is not listed today, on being mentioned by learned counsel for the petitioner, it is taken up on Board by a Special Notice.

2. Heard Mr. Palit, learned Senior Advocate appearing for the petitioner.

3. Instant writ petition is filed by the petitioner challenging the sanction and disbursal of payments made in respect of the project at Project No. 50, F.Y-2024-25 towards Construction of C.C.Road from Dillip Behera House to Siva Mandir and with other consequential reliefs sought for and also to direct opposite party No.3 to initiate recovery proceeding against the AEE & JE for the financial loss and for an audit conducted by opposite party Nos.1 and 2 and for proper utilization of 5th State Financial Commission devolution fund ZP share 2024-25(1st install) including the impugned project and also to fix accountability on the erring officials.

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4. Considering the submission of Mr. Palit, learned Senior Advocate for the petitioner with reference to the Rules 16 and 90 of the Odisha Panchayat Samiti Accounting Procedure Rules, 2002, it is submitted to the Court that opposite party No.3 could not have allowed disbursement in part despite an objection received from the petitioner with a request for re- measurement. A further reference is made to Section 19(2) of the Panchayat Samiti Act and it is submitted that opposite party No.2 is to function under the control of the Chairman but despite such control and powers conferred, it has led to the impugned decision and disbursement of funds.

5. Recording the submission as above, this Court is inclined to direct the State to respond with a reply on record.

6. Accordingly, it is ordered.

7. Ms. Dash, learned ASC accepts notice for the State. Reply affidavit shall be filed by the State by the next date fixed serving a copy of the same on the other side in advance.

8. List on 8th January, 2026 for final hearing and orders and in the meantime, the affidavit shall be filed by the State positively.

(R.K. Pattanaik) Judge I.A. No.19351 of 2025

1. Heard.

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2. Instant petition is filed for interim orders.

3. Awaiting reply and response from the State, this Court directs that there shall be no further disbursement of funds in respect of the impugned project without following Rules 16 and 90 of the Odisha Panchayat Samiti Accounting Procedure Rules, 2002 till the next date of hearing.

4. List on the date fixed for further orders.

5. Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge TUDU Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 08-Dec-2025 11:29:27 Page 3 of 3

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