Subhash Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3839 of 2015 ======================================================
1. Subhash Kumar, Son of Sri Mahendra Singh, Resident of VillageKesshauri, P.S.- Pakari Barawan, District-Nawada. .... .... Petitioner/s
Versus
1. The Bihar State 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, Nawada.
4. The District Panchayati Raj Officer, Nawada
5. The Block Development Officer, Pakari Barawan, District- Nawada
6. The State Election Commission through its Secretary, Sone Bhawan, Birchand Patel Marg, Patna.
7. The Secretary, State Election Commissioner, Sone Bhawan, Birchand Patel Marg, Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Respondent/s : Ms. Nivedita Nirvikar, GA 7 Mr. Manoj Kumar, AC to GA 7 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 27-07-2016 Heard Mr. Pramod Mishra, learned Counsel, for the petitioner, and Ms.
Nivedita Nirvikar, learned Government Advocate No. 7, appearing on behalf of the respondents.
Because of the fact that the impugned decision and order, passed by the District Magistrate, Nawada, declaring the name of the Gram Panchayat as Pokasi, and
Patna High Court CWJC No.3839 of 2015 (3) dt.27-07-2016 2/2 fixing its headquarter at Pokasi, in the year 1993, has been upheld by order, dated 13.01.2010, passed by the State Election Commission, this Public Interest Litigation cannot be maintained in the absence of any challenge to the decision, which has been arrived at by the State Election Commission in its order, dated 13.01.2010, aforementioned.
In view of the above and in the interest of justice, this Public Interest Litigation is closed with liberty given to the petitioner to approach this Court with appropriate application, in future, if so advised, and/or take recourse to such provisions of law as may be permissible (I.A. Ansari, ACJ.) (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T X