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2016 Supreme(Ori) 622

VINEET SARAN, B.R.SARANGI
Jogeswar Bhoi – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellants : Mr. R.K. Rath, with M/s D. Mishra and S. Satapathy.
For the Respondents: Mr. B.K. Sharma, Mr. J. Patnaik, with M/s. B. Mohanty and T.K. Pattnayak, Mr. R.K. Mohanty, with Mr. Sobhan Panigrahi.

JUDGMENT :

B.R. SARANGI, J.

This is an intra-Court appeal preferred by caveator appellants assailing the order dated 26.10.2015 passed by the learned Single Judge in W.P.(C) No.19266 of 2015 in allowing the writ application on the first day itself at the stage of fresh admission without giving any opportunity of hearing.

2. The factual matrix of the case is that the caveator appellants, who are elected representatives being the Sarpanchs of Tasaladihi and Tangarpalli Grama Panchayats in the district of Sundargarh, passed a resolution on 02.10.2015 for restricting the movement of multi-axle vehicles through the M.D.R. Road No.27 in the district of Sundergarh from Bankibahal to Sundergarh which includes MDR-27 (22 KMs), MDR-29 (13 KMs) and ODR (5 KMs). The Grama Panchayats are located in schedule areas and are governed by the provisions of Panchayat (Extension to the Scheduled Areas) Act, 1996. The resolutions of the Grama Panchayats were forwarded to the State Government to declare the road between Coalmines and Sundergarh as no traffic zone for the multi-axle vehicles (18/22 wheelers) in view of numerous accidents caused due to narrowness of road, traffic congestion and location of di

























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