MAA BINAPANI PANI PANI PANCHAYAT ,CHHATRAPUR v. SARAPANCH, ADA GRAM PANCHAYAT, BALASORE
RVWPET/271/2025 · 2026-02-05
R K Pattanaik
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 5033 (ORI) · dailylaw.ai ]
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[ 2025 DAILYLAW 5033 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
Maa Binapani Pani Panchayat, Chhatrapur & another …. Petitioners
M/s. S. Patra-1, Advocate & Associates
-Versus-
Sarpanch, Ada Gram Panchayat, Balasore & others …. Opposite Parties Ms. B.K. Sahoo, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 05.02.2026
I.A. No.412 of 2025
01.
1. Heard learned counsel for the respective parties.
2. Instant I.A is filed under Section 5 of the Limitation Act seeking delay condonation in preferring the review petiton beyond the stipulated period.
3. A delay of 18 days is reported as per the SR.
4. Considering the plea of the petitioners and request for delay condonation with the reply and response received from the State, the Court is inclined to condone the same.
5. The I.A. is accordingly allowed with the delay being condoned.
(R.K. Pattanaik)
Judge p. 2 02.
1. Heard learned counsel for the review petitioners and learned AGA for the State.
2. Instant petition is filed seeking recall of the Court’s
order dated 9th September, 2025 in W.P.(C) No.24249 of 2025 on the grounds stated.
3. Mr. Rout, learned counsel for the review petitioners submits that there is suppression of material facts at the instance of the writ petitioner, who managed to obtain the order in W.P.(C) No.24249 of 2025 and while claiming so, he refers to Annexure-6, a copy of the letter of the Superintendent Engineer, Salandi Canal Division, Bhadrak addressed to the Additional Chief Engineer, Salapada Irrigation Circle, Salapada annexed to the resolution dated 29th November, 2024. Hence, therefore, the submission is that the Court’s order in W.P.(C) No.24249 of 2025 is required to be recalled.
4. Recorded the objection of the State.
5. The writ petition was filed for a direction to opposite party Nos.3 and 4 therein to hold fresh election of Pani Panchayats for the reason stated, and it was disposed of by
order dated 9th September, 2025. This Court while disposing of the writ petition directed the authority concerned to consider the grievance of the writ petitioner with regard to the election to be held in respect of the Pani Panchayats. At present, in view of the claim that there has been suppression of the material
facts especially with regard to the resolution as at Annexure-6 p. 3 to the review petition, this Court, without any notice to the writ petitioners, is inclined to modify the order dated 9th September, 2025 allowing the review petitioners to participate in the decision making process before the authority concerned, namely, opposite party No.4, who has been directed to consider the representation i.e. Annexure-4 to the writ petition with regard to election vis-à-vis the Pani Panchayats, as such a course of action would instead serve the purpose and meet the ends of justice. .
6. Accordingly, it is ordered.
7. Consequently, the review petition stands disposed of with the order dated 9th September, 2025 in W.P.(C) No.24249 of 2025 modified to the extent as aforesaid.
8. I.A., if any, stands disposed of.
9. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik)
Judge
Balaram
Designation: PERSONAL ASSISTANT