SUPREME COURT OF INDIA
M.M. DUTT AND K.N. SAIKIA, JJ.
Kishen Pattnayak and another, Petitioners
Versus
State of Orissa Respondent.
Writ Petn. Nos. 12847 of 1985 and 1081 of 1987
Decided on 9-1-1989.
WITH
Indian Peoples Front Through its Chairman Nagbhushan Patnaik, Petitioner
Versus
State of Orissa and others, Respondents. 678
Advocates appeared
Mr. R. B. Mehrotra, Amicus-Curiae, Shri Kishan Patriyak in person, and Mr. Ranjan Dwivedi Advocates, for Petitioners; Mr. G. Rath, Advocate General, Orissa, R. K. Metha Mr. Inderjit Roy, Ms Mona Mehta, Mr. K. R. Nagaraja, Mr. R. K. Mehta and Ms. Madhu Moolchandani, Advocates, for Respondents.
- in the case of Kishen Pattanayak v. State of Orissa, AIR 1989 SC 677 = (1989) I JT 46, the Natural Calamities Committee directed to keep a watch over the working of the social welfare measures which are being taken and may be taken in future.
JUDGMENT
DUTT, J. :— Writ Petition (Civil) No. 12847 of 1985 has. its origin in a letter written by Shri Kishen Pattnayak and Shri Kapil Narayan Tiwary, two social and political workers, addressed to the Hon`ble the Chief Justice of India. In this letter, they have brought to the notice of this Court the miserable condition of the inhabitants of the district of Kalahandi in the State of Orissa on account of extreme poverty. It is alleged that the people of Kalahandi in order to save themselves from starvation deaths, are compelled to subject themselves to distress sale of labour on a large scale resulting in exploitation of landless labours by the well-to-do landlords. It is alleged that in view of distress sale of labour and paddy, the small peasants are deprived of the legitimate price of paddy and they somehow eke out their daily existence. Further, their case is that being victims of chill penury, the people of Kalahandi are sometimes forced to sell their children. It has been prayed that the State Government should be directed to take immediate steps for the purpose of ameliorating the misery of the people of the district of Kalahandi.
2. On receipt of the said letter, this Court directed the same to be treated as a writ petition and it was registered as such.
3. Another writ petition being Writ Petition (Civil) No. 1081 of 1987 has been filed by the Indian Peoples Front. This writ petition not only relates to the misery of the people of Kalahani but also of the people of another district, namely, the district of Koraput. In this writ petition, it has been alleged that the starvation deaths of the inhabitants of the districts of Koraput and Kalahandi are due to utter negligence and callousness of the administration and the Government of Orissa. It is alleged that the starvation deaths, drought, diseases and famine have been the continuing phenomena in the said two districts since 1985. The Government of Orissa has been accused of utter failure to protect the lives of the people of the two districts.
4. The State of Orissa appeared in both these writ petitions and opposed the same by filing counter-affidavits denying the allegations of the petitioners. The State of Orissa filed two statements one dated October 20, 1986 consisting of 160 pages and the other dated December 1, 1986 consisting of 181 pages. In these statements, it has been alleged by the State of Orissa that the State Government has implemented the social welfare measures in the district of Kalahandi.
5. In order to ascertain the correct state of affairs, this Court by its order dated January 16, 1987 requested the District Judge of Kalanhandi to enquire as to whether the State Government has, in fact, implemented the social welfare measures in the district of Kalahandi and whether such measures were adequate to meet the needs of the people there. The learned District Judge was asked to submit a report to this Court. It was further directed by this Court that the learned District Judge, while preparing his report, would consider the feasibility of the implementation of some suggestions made by the petitioners regarding the steps to be taken for the purpose of ameliorating the condition of the people in the said district.
6. The learned District Judge has since submitted his report which runs into 361 pages. The petitioners are not at all satisfied with the said report of the learned District Judge. They have challenged the correctness of facts found by him particularly with regard to the question of starvation deaths. It has been stated by the learned District Judge that there was hardly any case of starvation death; on the other hand, there has been implementation by the Government of the social welfare measures.
7. We do not think it necessary to consider the report of the learned District Judge. It is agreed by the parties including Shri Patmayak, the petitioner No. 1 in Writ Petition No. 12847 of 1985, who has appeared before us in person, that some steps shou
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