Page1 of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 4149 of 2025 Jayanti Besan ….. Petitioner Mr.S. S. Pati, Advocate Vs. 1.State of Odisha 2.Collector-cum-District Magistrate, jharsuguda 3. Block Development Officer, Jharsuguda 4. Debarchan Seth 5. Himadri Patel ….. Opp. Parties Mr.P. S. Nayak, A.G.A. CORAM: JUSTICE SAVITRI RATHO ORDER 07.03.2025 (Through hybrid mode) Order No. 01. 1. This writ application has been filed by the ward member of Ward No. 10 of H. Katapali Gram Panchayat under Jharsuguda District with the following prayers, “Under the aforesaid facts and circumstance, it is therefore most respectfully prayed that, this Hon’ble Court may graciously be pleased to issue Rule Nisi, calling upon the Opp Parties to show cause as to why the recommendation made by under ANNEXURE - 3 shall not be given effect to and as to why immediate suspension order shall not be issued against the Sarpanch and GRS of H. Katapali Gram Panchayat under Jharsuguda Block and if the Opp Parties fail to show cause or show insufficient cause, the rule be made absolute;” Page2 of 4 2. Mr. S. S. Pati, learned counsel for the petitioner submits that a group of 44 women from 7 Self-Help Groups (SHGs) in Odisha participated in the "‘Mo Upakari Bagicha” (Nutric Garden) project in 2021-22, aimed at creating a horticulture and nutrition garden to support poor and marginalized women. The women, guided by staff from the Odisha Livelihoods Mission (OLM), Block Programme Manager (BPM), and Cluster Resource Person (CRP), completed the project within the given time frame, despite facing challenges. They were provided with technical guidance, model estimates, and designs for the garden, as well as seeds and other necessary materials. However, despite completing the project, the women did not receive their payment, prompting them to file a complaint with the Ombudsman (OMB) office in Jharsuguda. Pursuant to the complaint filed by one Brundabati Pandey and 43 others SHGs members from 7 female SHGs groups, the inquiry was conducted and the Ombudsperson MGNREGA, Jharsuguda vide order dated 10.05.2024 has directed as follows:- “…….Hence suggested Collector -cum -DPC , MGNREGA Jharsuguda / Govt. Of Odisha for recommendation taking action against Suspension to Page3 of 4 Sarpanch and GRS to Departmental proceeding recommendation as early as possible.” And further directed the APO, BPM, BDO to keep a sharp eye so that such occurrence does not occur in future. Otherwise they would be liable under the MGNREGA Act-2005. 3. Mr Pati learned counsel for the petitioner also submitted that a representation has been submitted to the Collector & District Magistrate on 16.12.2024 to take immediate steps for implementation of the recommendation of the district ombudsman and for suspension of the Sarpanch , but no action has been taken . 4. Mr. P. S. Nayak, learned Additional Government Advocate submits that in the present case allegation has been made that the Sarpanch did not take interest for disbursement of the amount for nutric garden in the respective nutric garden of the members of the SSGs. As the JE had not measured and certified the extent and execution of the garden and there has been a delay for which such measurement is also not possible. The petitioner is not a member of the SHG . Referring to Section 16, 19 & 25 of the MGNREGA Act, he submits the ombudsman could Page4 of 4 not have issued recommendation for suspension of the Sarpanch. 4. Since the petitioner is neither a member of the SHGs or a complainant before the ombudsman MGNREGA, this writ application is not maintainable at her instance and the prayer in the writ application is also misconceived. 5. But after perusing the order dated 10.05.2024 at Annexure 3 , the writ application is disposed of directing the Collector to cause an inquiry and consider if any action is required to be taken under law . If he is satisfied that the members of the seven SHGs are entitled to any payment , necessary steps be taken as expeditiously as possible for payment . (Savitri Ratho) Judge Subhalaxmi Designation: Junior Stenographer