Om Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1104 of 2024 ====================================================== Om Prakash Singh Son of Chandip Singh, Resident of Village- Ismailpur, Harpur, P.S.- Rajpur, District- Buxar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Patna, Bihar.
2.
The Principal Secretary, Urban Development Department, Patna, Bihar. 3.
The Additional Chief Secretary, Department of Panchyati Raj, Patna, Bihar. 4.
The District Magistrate, Buxar.
5.
The Monitoring Officer, Department of Panchyati Raj, Patna, Bihar. 6.
The Sub-Divisional Officer, Rajpur, Buxar.
7.
The Circle Officer, Rajpur, Buxar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Respondent/s :
Mr. Krishnakant Singh, AC to SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-07-2024 Heard Mr. Rajiv Ranjan Kumar Pandey, learned counsel for the petitioner and Mr. Krishnakant Singh, learned AC to SC-10.
2. The present writ petition has been preferred for the grant of following relief/s:- "1/A. That this application is being filed for issuance of a writ in the nature of mandamus Commanding and directing the respondents, especially respondent no-5, to comply with the order/ direction vide letter no-1414 dated 01.07.2023 (Annexure-'P/4') issued by District Panchyati Raj Officer, Buxar by which he has
Patna High Court CWJC No.1104 of 2024(2) dt.02-07-2024 2/3 directed, to construct the 'Panchyat Building' of the 'Harpur Panchyat' in the Muza 'Harpur' since the said panchyat has no his panchayat building, 1/B. For further directing the concerned respondent to not construct the said 'Panchyat Building' anywhere except the land mentioned in letter no-1414 dated 01.07.2023, the land situated at Muza 'Harpur', Thana No-199, Khata No-354, Khasra No-1272 total area about 50 Decimal of 01 Acre 59 Decimal of the said land, 1/C For issuance of other writ/writs order/ orders, direction/ directions for which the petitioner found entitle to."
3. Learned counsel for the petitioner submits that for the aforesaid construction of the Harpur Panchayat Bhawan, the villagers are running from pillar to post without any success. He has taken this Court to the two Annexures to show that the representation has also been given to the respondent No. 4, the District Magistrate, Buxar.
4. Learned AC to SC-10 submits that the authorities are the best judge to decide the place for construction of the Panchayat Bhawan and if decision has not been taken, the same will be taken up soon.
5. The prayer of the petitioner is just and proper. They only want construction of a Panchayat Bhawan. The State
Patna High Court CWJC No.1104 of 2024(2) dt.02-07-2024 3/3 counsel is equally justified in submitting that it is for the Authorities to decide where to construct the Panchayat Bhawan but the same shall be expedited.
6. Learned counsel for the petitioner submits that a fresh representation/petition will be preferred before the respondent No. 4, the District Magistrate, Buxar in next four weeks.
7. If the same is filed within next four weeks, the District Magistrate, Buxar will take the same to its logical conclusion in the light of the decisions that the respondents have taken relating to the construction of Panchayat Bhawan within the next four months.
8. The present writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U