Patna High CourtCWJC/19327/2016dismissed

Lakshman Kumar v. The State Of Bihar And ORS

2017-08-04The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19327 of 2016 =========================================================== Lakshman Kumar, Son of Domi Yadav, resident of village - Partaha, P.O. Barhara, P.S. Nauhatta, District - Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Divisional Commissioner, Koshi Division, Saharsa.

4. The District Magistrate, Saharsa.

5. The District Panchayati Raj officer, Saharsa.

6. The Sub - Divisional Officer, Saharsa Sadar, Saharsa.

7. The Circle officer, Nauhatta, District - Saharsa.

8. The Block Development officer, Nauhatta, District - Saharsa.

9. The Mukhiya, Gram Panchayat Raj - Bakuniya, Block Nauhatta, District - Saharsa.

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

For the Petitioner/s : Mr. Jyoti Prabhakar, Advocate For the Respondent/s : Mr. Pratik Kr. Sinha, AC to GA V =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 04-08-2017 Petitioner has filed this petition inter alia contending that Panchayat Sarkar Bhawan with regard to the Gram Panchayat in question is being constructed in an area which is only 500 feet away from the river bed and is likely to cause damage and hindrance to the said Bhawan.

On notice being issued, the respondents have filed a detailed counter affidavit and from para 9 onwards, we find that the issue is already under consideration before the DCLR, Saharsa and

Patna High Court CWJC No.19327 of 2016 dt.04-08-2017 2/2 they are taking action in the matter for ensuring construction of the Panchayat Sarkar Bhawan in accordance to the requirement of law and it is also stated that for the time being, all constructions have been stopped.

Keeping in view the aforesaid, we see no reason to make any indulgence into the matter. Respondents are permitted to proceed in the matter in accordance with law.

With the aforesaid, the writ petition stands dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.08.2017 Transmission Date