Kapildeo Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16794 of 2015 ====================================================== Kapildeo Das S/o Sri Doma Ram, resident of village-Jamhore, P.S. Jamhore, District - Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Panchayati Raj, Government of Bihar, Patna

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

3. The Principal Secretary, Department of Rural Development, Government of Bihar, Patna

4. The District Magistrate-cum-Collector, Aurangabad

5. The District Panchayat Raj Officer, Aurangabad .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Raj Kishore Prasad, Advocate For the Respondent/s : Mr. Ajay, G.A.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-10-2015 Heard Mr. Raj Kishore Prasad, learned counsel appearing on behalf of the petitioner and learned counsel for the State.

The limited prayer made by the petitioner who happens to be a resident of the member of Gram Panchayat, Jamhore in the district of Aurangabad is for a direction to the Principal Secretary to act upon the request made by the District Magistrate, Aurangabad requiring intervention for development of the Gram Panchayat.

Mr. Raj Kishore Prasad, learned counsel for the petitioner submits that the Gram Panchayat in question was converted into the Nagar Panchayat which notification was quashed and an annulling notification was issued by the Urban

Patna High Court CWJC No.16794 of 2015 (2) dt.16-10-2015 Development and Housing Department on 08.6.2011 placed at Annexure-2. He submits that the status of the Gram Panchayat has been restored. It is stated that considering the hopeless position of the Panchayat where no development work was being undertaken that the residents invited the attention of the District Magistrate, Aurangabad towards the issue and the grievances have been duly recognized and recommended by the District Magistrate to the Principal Secretary, Rural Development Department seeking his intervention in the matter but the issue has remained as such.

Having heard learned counsel for the parties and considering the nature of the grievance raised herein as well as the fact that the issue so raised by the petitioner has been recommended by the District Magistrate, Aurangabad before the Principal Secretary, the writ petition is disposed of requiring the Principal Secretary, Rural Development Department to take a firm decision on the request made by the District Magistrate placed at Anexure-5 to the writ petition which is dated 28.5.2015 and dispose of the matter in accordance with law preferably within six weeks of receipt / production of a copy of this order. (Jyoti Saran, J) S.