Dusasan Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.10 of 2019 Dusasan Swain and Others .... Appellants Mr. Samir Kumar Mishra, Advocate -versusState of Odisha and Others .... Respondents Mr. P. K. Mohanty, ASC

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 29.07.2022 Order No.

03.

1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

The three appellants claim to be the residents of village-Bhairipur and have filed this intra-court appeal assailing the order dated 5th December, 2018 passed in W.P.(C) No.21733 of 2016 filed by them seeking the relief of change of name of the newly carved out Gram Panchayat, i.e., Alisi Sasan Gram Panchayat to Gram Panchayat, Bhairipur.

3. The impugned order dated 5th December, 2018 passed by the learned Single Judge reads as under: "Heard Sri Mishra, learned counsel for the petitioners and the learned counsel for the opposite parties.

This allegation pertains to the writ petition involving the Gram Panchayat election taken place in the year 2017. From the submissions and perusal of the objection vide Annexure-11 at the instance of the petitioners, this Court finds considering the objection of the petitioners to have the Headquarters of the Gram

// 2 // Panchayat at Bhairipur vide Annexure-12, the competent authority taking all materials available on record has already taken a decision to have the headquarters at Bhairipur. There is no denial to the fact that the election of the Gram Panchayat Alisisasan is already over since more than one year. For the completion of the Gram Panchayat election, this Court finds no scope for entertaining the prayer made in the writ application.

In the circumstances, this Court finds the prayer made in the writ petition have become infructuous. Accordingly this writ petition stands dismissed as infructuous."

4.

Learned counsel for the appellants heard at length.

5. At the time of hearing, learned counsel for the State points out that not only the elections of the Gram Panchayat in the year 2017 were conducted for election to the members of the Gram Panchayat Alisi Sasan but even the next elections to the Gram Panchayat conducted in the year 2022 have been for election to the Gram Panchayat Alisi Sasan. However, the Headquarters of the Gram Panchayat continue to be at village-Bhairipur.

6. In that view of the matter, we find no perversity in the order of the learned Single Judge.

Accordingly, the Writ Appeal is dismissed.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK 29th July, 2022 Cuttack