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Judgment
This appeal challenging an order dated 16th March, 2017 passed by the learned Single Judge dismissing the Writ Petition (Civil) No.22668 of 2016 filed by the present Appellants on the ground that the matter related to delimitation and that in view of the decision of the Supreme Court in Boddula Krishnaiah v. State Election Commissioner AIR 1996 SC 1595 there was no scope for the Court to interfere at this stage.
This Court heard the submissions of learned counsel for the parties.
It is seen that the writ petition was filed questioning the decision of the Opposite Parties to reject the prayer of the present Petitioners for bifurcation of the Khanguria Gram Panchayat and for a direction not to declare the Sampur Gram Panchayat as a newly constituted Gram Panchayat. The concept of bifurcation and re-organization of Gram Panchayats is, as pointed out by the counsel for the Appellants, different from that of 'delimitation'.
Accordingly, the Court is of the view that the learned Single Judge ought to have examined the writ petition on merits and not dismissed it in limine by treating the matter as one relating to 'delimitation'. Without expressing any view on the merits of the contention of the Appellants as regards validity of the order dated 9th December, 2016 passed by the Under Secretary to the Government of Odisha, Panchayati Raj Department, the Court sets aside the impugned order of the learned Single Judge and revives the Writ Petition (Civil) No.22668 of 2016.
The said writ petition will now be listed before the roster Bench on 1st November, 2021. The para-wise reply be filed by the Opposite Parties in the writ petition not later than 25th October, 2021. Rejoinder be filed before 1st November, 2021. No further time shall be granted for that purpose. The learned Single Judge is requested to take up the hearing of the writ petition and endeavor to dispose it of as expeditiously as possible.
The writ appeal is disposed of in the above terms. An urgent certified copy of this order be issued as per rules.