Dhirendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20160 of 2016 =========================================================== Dhirendra Kumar, son of Late Harsani Prasad Singh, resident of Telia Bambar Block Development Committee at Barsanda P.S. Tetia Bambar, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar.

2. The Principal Secretary, Rural Development Department, Main Secretariat, Patna.

3. The Commissioner, Munger Division, Munger.

4. The Collector, Munger, Munger.

5. The District Development Commissioner Munger.

6. The Sub-Divisional Officer, Kharagpur, District- Munger.

7. The Land Acquisition Officer, Munger.

8. The Block Development Officer, Tetia- Bambar, Munger. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bamdeo Pandey, Advocate Mr. Jitendra Pandey, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-4 Mr. Amit Kumar Jha, A.C. to AAG-6 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 29-03-2017 In the matter of shifting of Block Office in Tetia

Patna High Court CWJC No.20160 of 2016 dt.29-03-2017 2/3 Bambar (Munger) from the place where it is situated for the present and ventilating a grievance that it is being shifted to another place, the grievance of the petitioner is that the new place where the office is being shifted is not convenient to the public at large, there would be various difficulties if the office is shifted to the said area and, accordingly, seeking a mandamus restricting the respondents from shifting the Block Office, this petition has been filed in public interest.

2. The question as to where a Government office is to be situated and in what manner it has to be established are all administrative and executive action to be taken by the competent administrative officers on various administrative considerations. They are uncontrolled by statutory rules and regulation and, therefore, the Writ Court cannot enter into this area of administrative or policy decision and issue a prohibitory order or a mandamus for establishment of the Government office in a particular area. It is for the competent authority of the State Government and various other authorities to look into the grievance of the petitioner and take action.

3. Accordingly, finding no case made out for interference exercising our extraordinary jurisdiction in a petition under Article 226 of the Constitution with regard to the grievance of the petitioner, we dispose of the writ petition with liberty to the petitioner to take up the issue with the Government authorities or the

Patna High Court CWJC No.20160 of 2016 dt.29-03-2017 3/3 public representatives who are more equipped and able to deal with such matters.

(Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 01.04.2017 Transmission Date