Chhedi Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9102 of 2017 ====================================================== Chhedi Rai, Son of Sanichar Rai, Resident of Village - Jakha, P.S. Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Panchayat Raj Department, Patna.

2.

The State Election Commissioner, Bihar, Patna. 3.

The Secretary-cum-Director, Gram Panchayat Raj, Govt. of Bihar, Patna. 4.

District Magistrate, Banka, District Banka.

5.

Sub Divisional Officer, Banka, District - Banka. 6.

Block Development Officer, Dhoraiya, District Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Prasad Singh, Advocate For the State :

Mr. Pratik Kumar, AC to GA 5 For SEC :

Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-12-2019 Heard learned counsel for the petitioner; learned AC to GA 5 for the State and learned counsel for the State Election Commission.

2. The petitioner has moved the Court for the following reliefs:

"(i) For issuance of writ of Mandamus commanding the respondents authority restraining them not to construct the Head Quarter building of Gram Panchayat Longain, Block-Doraiya, Distinct Banka in village Longain till the taking final decision regarding changing the name of Gram Panchayatg Longain restoring its original name as Gram Panchayat Jakha as it was earlier because of the fact that same has been changed illegally and erroneously showing the highest population of village Longain

Patna High Court CWJC No.9102 of 2017 dt.21-12-2019 2/2 wherever actually the population of village Jakha is highest.

(ii) For issuance of such other appropriate writ or order or direction which may deem fit and proper for the ends of justice in the facts and circumstances of the case."

3. After some arguments, learned counsel for the petitioner submitted that for such grievance he has filed representation before the District Panchayati Raj Officer, Banka. However, he further submitted that the writ petition be disposed off by permitting the petitioner to make a fresh representation before the District Magistrate, Banka, who be directed to consider and dispose the representation expeditiously.

4. Learned counsel for the respondents do not object.

5. In view thereof, the writ petition stands disposed off with liberty to the petitioner to file a detailed representation before the District Magistrate, Banka (respondent no. 4). If the same is done within three weeks from today, the respondent no. 4, after hearing the parties, shall decide the matter latest within two months from the date of filing of the representation, in accordance with law.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T