Ramesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1039 of 2023 ====================================================== Ramesh Kumar Yadav, Son of Late Raj Narayan Yadav, Resident of Village- Naurangiya, P.O. Sengrahiya, P.S. Muffasil (Lakhaura), DistrictEast Champaran, Motihari, presently Elected Mukhiya of Gram Panchayat Raj Naurangiya, Region- 2.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat, Bailey Road, Patna.

2.

The District Magistrate, East Champaran, Motihari. Hereinafter Referred as D.M.

3.

The Senior Superintendent of Police, E. Champaran, Motihari. 4.

The District Panchayati Raj Officer, E. Champaran, Motihari, Hereinafter referred as D.P.R.O.

5.

The Circle Officer, Motihari Sadar, East Champaran, Motihari. Hereinafter referred as C.O.

6.

The Revenue Karmchari, Raj Naurangiya Motihari Sadar, E. Champaran, Motihari.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Anshu Dhar Sharma, Advocate For the State :

Mr. Ajay, GA-5 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 07-02-2023 The petitioner claims to be a public spirited person and has filed the present writ application seeking a direction to Respondent No. 5 to issue no objection certificate in respect of a piece of land bearing Khata No. 189, Khesra No. 918, Rakba- 9 Kattha and 4 dhurs for construction of the

Patna High Court CWJC No.1039 of 2023 dt.07-02-2023 2/3 Panchayat Bhawan in Gram Panchayat Raj Naurangiya, in the district of Motihari as proposed by the Gram Sabha. Learned counsel appearing on behalf of the petitioner has submitted that though he had approached the Circle Officer, Motihari Sadar, in this regard, no final action has been taken thereon.

Learned counsel for the State has submitted that the District Magistrate, Motihari, acting upon the petitioner's representation, has promptly taken action in December, 2022. He has submitted that soon thereafter, the present writ application has been filed on 09.01.2023, without waiting for the final decision to be taken by the competent authority in this regard.

Considering the nature of relief which the petitioner is seeking in the present writ application, in our opinion, it was open for the petitioner to have invoked the provisions of Bihar Right to Public Grievance Redressal Act, 2015, by approaching appropriate authority under the said Act.

This writ application stands disposed of with the aforesaid observation.

Existence of Panchayat Bhawan for a Panchayat

Patna High Court CWJC No.1039 of 2023 dt.07-02-2023 3/3 is necessity for smooth functioning of Gram Panchayat Raj system. The authorities must keep in mind this aspect of the matter for the purpose of expeditious disposal of the issue, which has been raised in the present writ application. (Chakradhari Sharan Singh, ACJ) (Partha Sarthy, J) Avinash/Prakash AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.02.2023.

Transmission Date N/A