JUDGMENT

B.K. NAYAK, J. : The petitioners, who are all resident of village-Godipalli in the district of Nayagarh, have filed this writ petition for quashing the Government notification No.10368 dated 09.05.2011 (Annexure-1) whereby the Government have changed the headquarters of Godipalli Grama Panchayat from village Godipalli to village Chadeyapalli.

2.By Notification No.19606 dated 30.10.2001 (Annexure-2) the Government in exercise of power conferred under Section 3 read with Section 149 of the Orissa Gram Panchayat Act, 1964 (in short ‘the Act’) constituted the Godipalli Grama (Grama Panchayat) consisting of three villages, namely, Chadeyapalli, Godipalli and Kotaranga. Since the headquarters of the Grama Panchayat was not specifically fixed by the Government, in accordance with the provision of Sub-section (3) of Section 4 of the Act the headquarters of Godipalli Grama Panchayat was situated in village Godipalli.

3.The Government notification constituting the Grama Panchayat was challenged by Magi Sahu and others before this Court in OJC No.15885 of 2001, which was disposed of directing the petitioners therein to make representation before the Secretary, Panchayatiraj Department. The petitioners therein submitted representation for fixing of headquarters of Godipalli Grama Panchayat at village-Chadeyapalli, but the representation was turned down whereupon the villagers of Chadeyapalli and Kotaranga filed another writ petition bearing OJC No.4797 of 2002 before this Court. The said writ petition was disposed of by order dated 13.11.2007 with the following observations and direction :

“3. After hearing learned counsel for the parties and after going through the decision of the Government vide Annexure-6 and perusing the map with regard to location of the villages, this Court feels that the matter has not been considered in proper perspective and all facts were not taken into consideration. Though the opposite party-intervenors entered appearance, no counsel for them is present at the time of hearing. Accordingly, this Court disposes of this writ petition giving liberty to the petitioners to file another representation before the State Government enclosing all the documents within a period of three weeks hence. If such a representation is filed the State Government shall consider the matter in the light of the ratio of the decisions of this Court. The petitioners shall enclose authenticated Xerox copies of the decisions of this Court to their representation.”

In accordance with the direction in OJC No.4797 of 2002, the petitioners therein submitted fresh representation before the Government for fixation of Grama Panchayat Headquarters at village Chadeyapalli. The Government on fresh consideration of the representation has now issued the notification under Annexure-1 shifting the headquarters of the Grama Panchayat from Godipalli to Chadeyapalli, which is under challenge.

4.Learned counsel appearing for the petitioners submits that the report of the Collector, Nayagarh dated 31.01.2002 was taken into consideration by the Government on the earlier occasion and, therefore, the earlier representation of petitioners in pursuance of order passed in OJC No.15885 of 2001 was rejected and that there has been no change of circumstance thereafter so as to warrant a decision with regard to change of headquarters of the Grama Panchayat. It is also submitted that funds have been sanctioned for construction of Grama Panchayat Office building at Godipalli where the Government land is available and that part construction has already taken place and that there is no government land available in village Chadeyapalli for construction of Grama Panchayat office and in such view of the matter the notification under Annexure-1 is the outcome of arbitrary and colourable exercise of power which has been done at the intervention of some political person and therefore liable to be quashed.

5.The State Government has filed a counter affidavit refuting the cont