Upendra Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16712 of 2018 ====================================================== Upendra Jha son of Krishna Dev Jha Resident of Village - Sonupur, P.S. Rosera, District - Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, Panchayati Raj Department, Bihar, Patna. 3.

The Principal Secretary, Planning and Development Department, Government of Bihar, Patna.

4.

The Principal Secretary, Rural Development Department, Bihar, Patna. 5.

The District Magistrate-cum-Collector, Samastipur, District - Samastipur. 6.

The District Panchayat Raj Officer, Samastipur. 7.

The Deputy Development Commissioner DDC, Samastipur, District - Samastipur.

8.

The Sub-Divisional Officer, Rosera, District - Samastipur. 9.

The Circle Officer, Rosera, District - Samastipur. 10.

The Block Development Officer, Rosera, District - Samastipur. 11.

The Mukhiya, Panchayat Raj Sonupur, P.S. Rosera, District - Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jainendra Kumar, Advocate For the Respondent/s :

Mr. Pushkar Narain Shahi- AAG-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 21.08.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "For Public Interest Litigation

Patna High Court CWJC No.16712 of 2018(2) dt.06-01-2020 2/3 representing the large number of people of villageSonupur is being filed for restraining the respondents concern in constructing the Proposed Panchayat Bhawan/Panchayat Sarkar Bhawan over the Gair Mazarua land of Khata No. 1400, Plot No. 3465, Mauza-Sonupur, Thana No. 54, CircleRosera, District Samastipur, Area 0.3 Acre Bandh and Khata (Pond).

And further a writ in the nature of mandamus be issued directing the commanding the respondents concern to shift the proposed Panchayat Bhawan/Panchayat Sarkar Bhawan at any other plot in the facts and circumstances of the case and taking into the problems of the villager especially Ward Nos. 3 and 7 the other relief/reliefs."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof.

Patna High Court CWJC No.16712 of 2018(2) dt.06-01-2020 3/3 Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) BT/- U