Laxmidhar Jena v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 5177 of 2018 Laxmidhar Jena and others ....

Petitioners Mr. Debendra Ku. Sahoo-1, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Ishwar Mohanty, Addl. Standing Counsel

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

19.09.2022 06.

1. The grievance of the present Petitioners, who are all residents of Baiganatali village, P.S. Kanasa, Dist-Puri is that their request for a new Additional Anganwadi Center (AWC) at Baiganatali excluding the village Aswathapaari should have been accepted. They question the order dated 3rd February, 2018 passed by the Collector, Puri rejecting the request.

2. This is the second round of litigation concerning these Petitioners. Earlier they had made a representation which was asked to be decided by the Collector, Puri by an order dated 15th February, 2016 of this Court in W.P.(C) No.20647 of 2015.

3. Pursuant thereto, the Collector had passed the impugned order 3rd February, 2018 in which he has dealt with in a great detail the reasons for rejecting the request. Inter alia it is noted that there are three Anganwadi Centers viz., Balabhadrapur-1, 2 and 3. Balabhadrapur is just 200-250 meters away from Baiganatali. In the

circumstances, there was no justification for a separate AWC for Baiganatali. Moreover, its population is below 170.

4. In matters such as this, the decision whether or not to have an AWC has to depend on a variety of factors of which the geographical distance and population are important. Since the decision of the Collector has purely turned on facts, which are not in dispute, the Court is not inclined to interfere with the said order.

5. There is no merit in the petition, it is accordingly dismissed. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge SK Jena/Secy