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ORISSA HIGH COURT: CUTTACK

W.P(C) NO. 9742 OF 2006

In the matter of an application under Articles 226 and 227

of the Constitution of India.

---------------

Daman Pratirodha Mancha

..… Petitioner

-Versus-

State of Odisha and others

….. Opp. Parties

For petitioner : M/s. Prasanta Kumar Jena and

Deba Prasad Mohapatra,

Advocates.

For opp. parties : Mr. A.K. Mishra,

Addl. Government Advocate.

P R E S E N T:

THE HONOURABLE DR. JUSTICE B.R.SARANGI

AND

THE HONOURABLE MR JUSTICE MURAHARI SRI RAMAN

Date of Hearing: 08.09.2023:: Date of Judgment: 15.09.2023

DR. B.R. SARANGI, J.

“Daman

Pratirodha

Mancha”,

an

unregistered association formed in the year 2003 with the

aim and objective to sponsor the cause of the tribals, dalits,

farmers, fishermen and weaker sections of the society, more

specifically the exploited down trodden sections residing in

AFR

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the State of Odisha in a democratic method, has filed this

writ petition with the following relief:-

“It is therefore prayed that this Hon’ble Court

may graciously be pleased to admit the writ

petition,

and

after

hearing

the

parties

the

impugned notification dated 20.06.2006 Annexure-

2 may kindly be quashed and the petitioner

organization may kindly be allowed to function

freely independently as per its aims and objectives

and the opp. parties may kindly be restrained not

to interfere in the smooth functioning of the

petitioner-organization and may kindly co-operate

with the petitioner-organisation to fulfil its objects.”

2.

The factual matrix of the case, in a nutshell, is

that the petitioner-association since its formation has been

functioning

within

the

frame

work

of

the

Indian

Constitution by observing the democratic principles. It is

not a frontal organisation of any political party known in

whatsoever name it may be. The petitioner-association as

well as its members have strong faith, respect and honour

upon the Constitution of India and have been functioning

in a discipline and a democratic manner. As such, it puts

forth its grievances before the State Government in

connection with the land reforms, restoration of tribal lands

to the tribals, which are occupied by the non-tribals and

influential persons in scheduled areas, providing minimum

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wages to daily wage earners, stop the plundering of natural

resources that is serving the interests of multinationals and

monopoly big industrialists of the country, withdrawal of

CRPF from the scheduled areas who have been committing

atrocities on innocent tribals. Incorporating details of the

grievances, the petitioner-association as well as its

members and the public in the locality submitted a

memorandum appearing personally before the Chief

Minister of Odisha, who, after being fully convinced,

assured to the petitioner-association to solve these

problems gradually by mobilizing State machinery. During

the discussion it was felt that the grievances are genuine,

proper and just, for which quick action is required to be

taken to stall the discontentment, which may lead to

violation movement and may affect the sentiment of local

mob. As a consequence thereof, the petitioner-association

made door to door campaign to communicate this message

which ultimately improved the hope of the distress people.

2.1.

While the petitioner-association was functioning

for the wellbeing of the people, being encouraged by the

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Government of Odisha, more specifically by the active co-

operation of the Chief Minister of Odisha, all of a sudden

the State Government, vide Home Department notification

dated 20.06.2006, declared the petitioner-organisation as

an “Unlawful Association” vide S.R.O. No.352/2006 in its

Gazettee Notification No. 888 published on 23.06.2006. The

petitioner-association, as per the impugned notification has

been stated to be sub-serving the interest an