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2003 DIGILAW 425 (ORI)

Ramesh Sundara v. State of Orissa

2003-06-24

M.PAPANNA, R.K.PATRA

body2003
JUDGMENT R. K. PATRA, J. — The petitioner's are said to be elected Ward Members of Kantia Gram Panchayat under Jatni Block of the district of Khurda. In this writ petition, they seek quashing of the work order dated 7.6.2000 at Annexure-4 issued by the Block Development Officer in favour of opposite party No. 5 relating to the work “restoration of Kantia road to Gram Panchayat office road”. 2. The sum and substance of the grievance of the petition¬ers is that before the work was entrusted to opposite party No. 5, the Ward Members were not noticed nor any meeting was convened by the Block Development Officer for the purpose. 3. In the counter affidavit filed by the Block Development Officer, the allegations made in the writ petition have been stoutly denied. It has been stated therein that Palli Sabha was conducted in village Kantia for selection of village work repre¬sentative to execute the emergent work damaged during the super cyclone. Notices were duly issued. On 26.5.2000, Palli Sabha was held under the Chairmanship of the Sarpanch (opposite party No. 4) along with two Ward Members, namely, Tukuna Mandhata, Ward No. 11, and Laxmi Priya Das, Ward No. 8. In the said meeting, it is not known why other Ward Members did not attend. On considera¬tion, the Palli Sabha selected opposite party No. 5 to execute the work in question. After receiving the resolution of the Palli Sabha the Block Development Officer issued work order to opposite party No. 5 who has in the mean time executed the work. The Junior Engineer has already certified this fact in his report at Annexure-J/3. 4. On consideration of the submission of the counsel for parties and on perusal of the pleadings, we are satisfied that no illegality was committed in entrusting the work in question to opposite party No. 5. 5. For the reasons aforesaid, we do not find any merit in this writ petition which is accordingly dismissed. M. PAPANNA, J. I agree. Petition dismissed.