Ramavtar Kumar Chandrabansi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2686 of 2018 ====================================================== Ramavtar Kumar Chandrabansi Son of Sri Jagdish Chandravansi, Resident of Village-Dhadhour, Police Station-Sikandra, District-Jamui. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Chief Secretary, Bihar, Patna. 2.
The Secretary, Department of Panchayati Raj, BIhar, Patna. 3.
The District Magistrate, Jamui.
4.
The Deputy Development Commissioner, Jamui.
5.
The District Panchayat Raj Officer, Jamui.
6.
The Block development Officer, Block Sikandra, District-Jamui. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Kishun Prasad, Advocate For the Respondent/s :
Mr. Pushkar Narayan Shahi -AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The present writ application has been filed seeking a direction upon the respondent authorities for not changing the recorded name of Gram Panchayat, Dhadhour to Itasagar Panchayat. Further, a prayer has been made for directing for holding a detailed inquiry of the matter under which circumstances the name of the Panchayat was changed. The learned counsel for the respondent-State submits that the writ application appears to be misconceived, it is next submitted that changing of name of a Gram Panchayat is an administrative act in which this Court should
Patna High Court CWJC No.2686 of 2018(2) dt.28-03-2023 2/3 not interfere in exercise of its jurisdiction under Article 226 of the Constitution of India. It is further submitted that a counter affidavit has been filed and from perusal of Para-8, it would manifest that Section 11(1) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 'Act') provides that subject to general or special orders of the Government, the District Magistrate, may by notification in the District Gazette, declare any local area comprising a village or a group of contiguous villages or part thereof to be a Gram Panchayat area with a population within its territory as nearly as 7,000. It further provides that the District Magistrate, may after consultation with the Gram Panchayat concerned by a notification at any time, include within or exclude from any Gram Panchayat area any village or part thereof and alter the name of the Gram Panchayat.
The learned State counsel thus submits that the said power has been vested with the District Magistrate of the District in view of Section 11(1) of the Act and the same incorporates that it is within the power of the District Magistrate even to alter the name of the Gram Panchayat after consultation with the Gram Panchayat. It is next submitted that the decision has been taken after consulting the Gram
Patna High Court CWJC No.2686 of 2018(2) dt.28-03-2023 3/3 Panchayat and as such the writ application does not merit consideration.
In view of the submission made by the learned State counsel, the present writ application stands dismissed.
(Satyavrat Verma, J) Rishabh/- U