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Patna High CourtCWJC/2490/2024disposed

Mithilesh Kumar Mishra v. The State Of Bihar

2024-07-30Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2490 of 2024 ====================================================== Mithilesh Kumar Mishra Son of Late Dukh Haran Mishra Resident of Village- Bedulia, Ward No. 01, Block and P.S.- Khodawandpur, DistrictBegusarai. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Begusarai.

3.

The Sub-Divisional Officer, Majhaul, District- Begusarai. 4.

The Executive Officer, Panchayat Samiti-cum-Block Development Officer, Block- Khodawandpur, District- Begusarai.

5.

Sanju Devi Wife of Dinesh Mahto Pramukh, Gram Panchayat- Fafad, Block and P.S.- Khodawandpur, District- Begusarai.

6.

Naresh Paswan Son of Late Sonelal Paswan Up-Pramukh, Panchayat Samiti Regional Area No. 2, Block and P.S.- Khodawandpur, District- Begusarai. 7.

Kiran Devi Wife of Navi Kumar @ Dharm Member, Panchayat Samiti, Regional Area No. 9, Block- Khodawandpur, District- Begusarai. 8.

Nitu Devi Wife of Manish Singh Member, Panchayat Samiti, Regional Are No. 11, Block- Khodawandpur, District- Begusarai. 9.

Kumari Menka Wife of Kamlesh Paswan @ Chhotu Member, Panchayat Samiti, Regional Area No.- 3, Block and P.S.- Khodawandpur, DistrictBegusarai. 10.

Sahana Khatoon Wife of Md. Shakil Member, Panchayat Samiti, Regional Are No. 5, Block and P.S.- Khodawandpur, District- Begusarai. 11.

Binod Sahni Son of Late Babulal Sahni Member, Panchayat Samiti, Regional Area No. 4, Block and P.S.- Khodawandpur, District- Begusarai. 12.

Malti Devi Wife of Sanjay Paswan Member, Panchayat Samiti, Regional Are No. 8, Block and P.S.- Khodawandpur, District- Begusarai. 13.

Md. Junai Son of Late Soab Member, Panchayat Samiti, Regional Area No. 81, Block and P.S.- Khodawandpur, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Jha, Advocate For the Respondent/s :

Mr. Government Pleader 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

Patna High Court CWJC No.2490 of 2024(3) dt.30-07-2024 2/3 ORAL ORDER 30-07-2024 Heard Mr. Subodh Kumar Jha, learned Counsel for the petitioner and the State.

2. The present petition has been preferred for the: issuance of an appropriate writ/writs, order or orders, in the nature of certiorari for quashing of Notice bearing Memo No.55 and 56 dated 31.1.2024 received on 2.2.2024, issued under the signature of Respondent No.4, the Executive Officer, Panchayat Samiti-cum-Block Development Officer, Khodawandpur, District-Begusarai, by which a special meeting was scheduled to be convened on 7.2.2024 at 11:00 A.M. and 2:00 P.M. respectively for discussing the proposal for 'No Confidence Motion' against the Respondents No.5 and 6 i.e. Pramukh and Up-Pramukh of the said Gram Panchayat, without following the Section 44 Sub-Section 3(i) and 4 and as much as contrary to the law established in this regard by this Hon'ble Court as well as by Hon'ble Apex Court of India.

3. At the outset, learned Counsel representing the respondents submit that the notice was challenged whereafter meeting took place and there is no further development on record.

4. In that background, learned Counsel for the petitioner seeks liberty to file fresh writ petition along with all

Patna High Court CWJC No.2490 of 2024(3) dt.30-07-2024 3/3 the necessary documents.

5. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Neha/- U