Kishore Chandra Sarangi v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C)-PIL No. 5727 of 2018 Kishore Chandra Sarangi & Others ....

Petitioners Mr.S.Mohapatra, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. D.K.Mohanty, AGA Mr. M.K.Panda, Advocate for O.P.No.4

CORAM:

THE CHIEF JUSTICE JUSTICE R.K.PATTANAIK Order No.

ORDER

04.08.2022 03.

1. The Petitioners are the villagers of village Udaynager, Unit 5, Industrial Area, Police Station of Balasore District. They seek a direction to the Balasore Municipality to take immediate steps to include the villages of Saktinagar and Udaynager Units 4 & 5 under Angaragadia 2 Mouza in the Balasore Municipality.

2. Despite notice having been issued in the present petition way back on 8th April, 2018 no reply has been filed by any of the Opposite Parties.

3. Counsel appearing for the Balasore Municipality stated that the municipal elections are now over. In any event, the grievance of the Petitioners is only about the non-inclusion of the villages above mentioned in the Balasore Municipality.

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4. It is seen that the Collector, Balasore had on 19th September, 2015 recorded the proceedings of the meeting held on that date regarding inclusion of the aforementioned two villages in the Balasore Municipality and this happened in the presence of the Chairman of the Balasore Municipality. It records the statement of the Chairman of BRIT, Balasore that since the villages fall under the operational area of BRIT, Balasore, there should be no problem for their inclusion in Balasore Municipality.

5. A direction issued to the Balasore Municipality to act on the above minutes of the meeting dated 19th September, 2015 and take a decision in the matter by convening a meeting of the Balasore Municipal Council for that purpose within the next eight weeks. The decision taken at such meeting on inclusion of the above villages shall be communicated to the Petitioners on or before 1st November, 2022. The Court clarifies that it has not expressed any opinion on the merits of the case.

6. The writ petition is disposed of in the above terms.

7. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice ( R.K.Pattanaik) Judge Kabita