Md Mustaq v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1066 of 2024 ====================================================== 1.

Md Mustaq Son of Samiruddin @ Haji Samiruddin, Resident of VillageChakla Dhangadha, P.O. - Dhangadha, P. S. - Kodhovari District - Kishanganj.

2.

Akhtari Begum, Wife of Ayub Alam, Resident of Village- Chakla Dhangadha, - P.O.- Dhangadha, P. S.-Kodhovari, District- Kishanganj. 3.

Maleka Khatoon Wife of Mozibur Rahman, Resident of Village- Naya Basti Kumhartoli, P.O.- Tulsia, P. S.- Dighalbank, District - Kishanganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through the Principal Secretary Department of Panchayati Raj, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

3.

The District Magistrate, Kishanganj.

4.

The Executive Officer-cum- Block Panchayati Raj Officer, Dighal Bank, Kishanganj.

5.

Yashmin Aash, Pramukh, Dighalbank Panchayat Samiti, Kishanganj. 6.

Anjari Begum, Up Pramukh, Dighalbank Panchayat Samiti Member Panchayat Samiti, Area no. 20, Dighalbank Panchayat Samiti, Kishanganj 7.

Vijendra Kumar Murmu, Member Panchayat Samiti, Area no. 1, Dighalbank Panchayat Samiti, Kishanganj.

8.

Sravan Kumar Rajbhar, Member Panchayat Samiti, Area no. 2, Dighalbank Panchayat Samiti, Kishanganj 9.

Shiva Devi, Member Panchayat Samiti, Area no. 3, Dighalbank Panchayat Samiti, Kishanganj 10.

Dil Naz Begum, Member Panchayat Samiti, Area no. 4, Dighalbank Panchayat Samiti, Kishanganj 11.

MD. Miftahul Haq, Member Panchayat Samiti, Area no. 5, Dighalbank Panchayat Samiti, Kishanganj.

12.

Ram Prasad Ganesh, Member Panchayat Samiti, Area no. 7. Dighalbank Panchayat Samiti, Kishanganj.

13.

Bijli Devi, Member Panchayat Samiti, Area no. 8, Dighalbank Panchayat Samiti, Kishanganj 14.

Pankaj Kumar, Member Panchayat Samiti, Area no. 9, Dighalbank Panchayat Samiti, Kishanganj.

15.

Mishri Lal Das, Member Panchayat Samiti, Area no. 10, 3 Dighalbank Panchayat Samiti, Kishanganj.

16.

Pramila Devi, Member Panchayat Samiti, Area no. 11, Dighalbank Panchayat Samiti, Kishanganj 17.

Rukaiya Khatoon, Member Panchayat Samiti, Area no. 12, Dighalbank

2/4 Panchayat Samiti, Kishanganj 18.

Yar Mohammad, Member Panchayat Samiti, Area no. 13, Dighalbank Panchayat Samiti, Kishanganj.

19.

Minnat Pravin, Member Panchayat Samiti, Area no. 14, Dighalbank Panchayat Samiti, Kishanganj 20.

Asma Khatoon, Member Panchayat Samiti, Area no. 18, Dighalbank Panchayat Samiti, Kishanganj 21.

Mustafi Begum, Member Panchayat Samiti, Area no. 19, Dighalbank Panchayat Samiti, Kishanganj 22.

Jafar Husnain, Member Panchayat Samiti, Area no. 21, Dighalbank Panchayat Samiti, Kishanganj 23.

Abdul Kayum, Member Panchayat Samiti, Area no. 22, Dighalbank Panchayat Samiti, Kishanganj 24.

Ajmat Ali, Member Panchayat Samiti, Area no. 23, Dighalbank Panchayat Samiti, Kishanganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Shrivastava, Sr. Advocate.

Mr. Rajeev Ranjan, Advocate.

For the Respondent/s :

Mr. Anwar Karim, AC to GP-10.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-01-2024 Heard Mr. Amit Shrivastava, learned senior counsel along with Mr. Rajeev Ranjan, learned counsel appearing on behalf of the petitioner and Mr. Anwar Karim, learned AC to GP-10 for the State.

2. Mr. Amit Shrivastava, learned senior counsel appearing on behalf of the petitioner submits that the matter requires to be adjudicated by the District Magistrate-cumCollector, Kishanganj, in exercise of power under Section 157 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 'Act').

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3. Considering the grievance of the petitioner that there is complete violation of procedure prescribed under Section 44 (3)(i) of the Act, it would be in the interest of justice to call upon the members of the Panchayat Samiti, who are 23 in total and for this, to avoid time in process of issuing notice, this Court finds that the District Magistrate must ensure to inform the Executive Officer cum Block Panchayati Raj Officer, Dighal Bank, Kishanganj, so that all the 23 members may appear before him in person on 27.01.2024.

4. In case of failure by any of the member, the District Magistrate must resort to first enquire, as to whether, he has deliberately avoided to appear before him is for any genuine cause. If it is deliberate, the District Magistrate must ensure to take appropriate action in accordance with law against the concerned member of Panchayat Samit..

5. The District Magistrate is directed to pass a reasoned order after providing due opportunity of hearing to all the interested parties expeditiously on or before 03.02.2024 without fail.

6. As the order has been passed in the open Court, learned counsel for the State has ensured that he will immediately communicate the District Magistrate, Kishanganj,

4/4 by both the means, fax, as well as, by telephonic communication, even before the order is pronounced.

7. Accordingly, the present writ petition is disposed of. (Purnendu Singh, J) mantreshwar/- U