Pintu Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1784 of 2025 ====================================================== Pintu Kumar Das, son of Sri Bindeshwar Das, resident of villageBhawanipur, Ward No. 07, P.S. Sakri, Anchal and Block Pandaul, District Madhubani, at present elected as the Ward Member of the Ward No. 07 of Gram Panchayat Raj, Bhawanipur, P.S. Sakri, Anchal and Block- Pandaul, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

3.

The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

4.

The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

5.

The Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 6.

The Secretary, Rural Works Department, Govt. of Bihar, Patna. 7.

The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna.

8.

The Regional Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Regional Office, Muzaffarpur.

9.

The Assistant Engineer, Public Health Engineering Department, Govt. of Bihar, Public Health Sub-Division, Madhubani. 10.

The Commissioner, Darbhanga Division, Darbhanga. 11.

The District Magistrate, Madhubani.

12.

The Sub-Divisional Officer, Sadar Madhubani, District - Madhubani. 13.

The District Panchayati Raj Officer, Madhubani. 14.

The Block Development Officer, Pandaul Block, District Madhubani. 15.

The Block Panchayati Raj Officer, Pandaul Block, District Madhubani. 16.

The Gram Panchayat Raj, Bhawanipur through its Panchayat Secretary, Gram Panchayat Raj, Bhawanipur, P.S. Sakri, Anchal and Block Pandaul, District Madhubani.

17.

Sri Rudra Kant Jha, son of Late Surendra Jha, at present Mukhiya of Gram Panchayat Raj. Bhawanipur, P.S. Sakri, Anchal and Block Pandaul, District - Madhuani.

18.

The Panchayat Secretary of Gram Panchayat Raj, Bhawanipur, P.S. Sakri, Anchal and Block - Pandaul, District - Madhuani. 19.

Sri Rajendra Pandit, the Ex-Ward Member-cum- Secretary of the W.I.M.C. of the Ward No. 07 of Gram Panchayat Raj, Bhawanipur, P.S. Sakri, Anchal

2/5 and Block - Pandaul, District - Madhuani.

20.

The Ward Implementation Management Committee (W.I.M.C. in short) of Ward No. 07 through its Secretary, Gram Panchayat Raj, Bhawanipur, P.S. Sakri, Anchal and Block - Pandaul, District - Madhuani. 21.

The Panchayat Rojgar Sewak, Gram Panchayat Raj, Bhawanipur, P.S. Sakri, Anchal and Block - Pandaul, District Madhuani. 22.

The Junior Engineer, Nal Jal Yojna, Pandaul Block, P.S. Sakri, District - Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mauli Chaurasia, Advocate For the Respondent/s :

Mr.Vikas Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 19-11-2025 Heard learned counsel for the parties.

2. Following reliefs are sought for in the present writ application:

"i) For issuance of a writ in the nature of 'Mandamus' commanding the respondents authorities concerned to execute the entire works under the Mukhyamantri Gramin Paijal Nischay Yojna in the Ward No. 07 of Gram Panchayat Raj, Bhawanipur situated under Sakri Police Station within Pandaul Anchal and Block in the district of Madhuani immediately within time as fixed by this Hon'ble Court and further to supply the drinking water to the houses of the general public of the said Ward No. 07 of the Panchayat having got largest population of the schedule caste people, which has not been supplied to them as yet due to nonexecution of the complete works under the said Nal Jal Yojna in the said Ward No. 07, whereas the State Govt. of Bihar has already sanctioned and allotted the

3/5 entire funds to the Gram Panchayat Raj, Bhawanipur in 2017 itself for the execution of the works under the Nal Jal Yojna in the said Panchayat and accordingly after receipt of the same, the Mukhiya and the Panchayat Secretary of Bhawanipur Gram Panchayat (Respondents nos. 17 and 18) had already sanctioned and allotted the funds of Rs.19,06,200/- (Rupees nineteen lakhs six thousand and two hundred only) for the Ward No. 07 for execution of the entire works under the Nal Jal Yojna on 28.05.2020 vide Annexure - P/3 series of this writ application but the same is not being paid by the respondents nos. 17 and 18 to the W.I.M.C. of the Ward No. 07 (Respondent no. 20) for execution of the complete works under the Nal Jal Yojna till date in order to compel the general public of the Ward No. 07 of the said Panchayat to suffer for want of drinking water right from 2017 till date due to the biased and step motherly treatments of the Respondents Nos. 17 and 18 with the people of the Ward No. 7 as well as the petitioner for the same since the beginning till date.

ii) For issuance of a writ in the nature of 'Mandamus' commanding the respondents authorities concerned, particularly the Respondents Nos. 17 and 18 to make payment of the entire funds or amounts to the Ward Implementation Management Committee of the Ward No. 7 (the respondent no 20) of Bhawanipur Gram Panchayat or to any other competent authority already allotted and sanctioned for the Ward No. 07 in 2020 itself vide Annexure-P/3 series of this writ application in order to execute the complete works under the Mukhyamantri Gramin Paijal Nischay Yojna in the said Ward no. 07 of the aforesaid Panchayat

4/5 immediately within time and further to start the supply of the drinking water to the houses of the general public of the Ward No. 07 immediately within time as fixed by this Hon'ble Court, which has not been supplied to them as yet due to the laches and negligence done on the part of the respondents nos. 17 and 18 in the facts and circumstances of the case as stated below.

iii) For direction to the higher respondents authorities concerned to remove the Mukhiya of Gram Panchayat Raj, Bhawanipur (Respondent no. 17) immediately U/S 18(5) of the Bihar Gram Panchayat Raj Act, 2006 in pursuant to the letter dated 07.12.2020 issued by the Respondent No. 2 contained in Annexure-P/18 of this writ application in accordance with law after due legal and proper enquiry done against him, who is wholly responsible for the illegalities and irregularities done under the Nal Jal Yojna in the Ward No. 07 of Bhawanipur Gram Panchayat for nonexecution of the entire works in the Ward No. 07 of the said Panchayat right from 2017 till date in spite of the due funds available in the Bank Account of Gram Panchayat, Bhawanipur already sanctioned and allotted to it by the State Govt. of Bihar itself in 2017 as it is evident from Annexure-P/3 series of the writ application.

iv) For a direction to the higher respondents authorities concerned to make legal and proper enquiry against the erring authorities concerned at whose faults or laches and negligence the entire works under the Mukhyamantri Gramin Paijal Nischay Yojna in the Ward No. 07 of Gram Panchayat Raj, Bhawanipur have neither been done nor

5/5 completed as yet right from 2017 till date in spite of the due sanctioned and allotted funds are already available in the Bank Account of the Gram Panchayat Raj, Bhawanipur right from 2017 till date.

v) And further for grant of any other relief or reliefs to the petitioner for which he is entitled for in the facts, law and the circumstances of the case of the petitioner on record as stated below in this writ application."

3. Considering the nature of the grievance, the petitioner is permitted to make a representation before Respondent No. 8, who shall look into the matter and get it resolved in accordance with law, after giving due opportunity of hearing to all concerned parties, at the earliest preferably within a period of 08 weeks from the date of receipt or production of a copy of this order.

4. With the aforesaid observations and directions, the present writ application stands disposed of.

5. Pending application(s), if any, shall stand disposed of.

(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Sujit/- U