Niraj Kumar Jalan And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6001 of 2019 ====================================================== 1.

Niraj Kumar Jalan, S/o Vijay Kumar Jalan 2.

Mritunjay Kumar, S/o Late Ramvriksh Thakur Both are residents of Ward No. 7, P.S.- Belsand, Distt.- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar through the Govt. of Bihar, Patna 2.

The Secretary, Rural Development Department, Govt. of Bihar, Patna 3.

The Commissioner, Tirhut Division, Muzaffarpur 4.

The District Magistrate, Sitamarhi 5.

The Sub Division Officer, Belsand, Sitamarhi 6.

The Circle Officer, Belsand, Sitamarhi 7.

Shivjee Bhagat, S/o Late Hari Bhagat, Resident of Ward No. 3, P.S.- Belsand, Distt.- Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar For the Respondent/s :

Mr. Harish Kumar, GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-04-2019 Heard learned Counsel for the parties concerned. The petitioner has filed this application for implementation of an order, dated 26.05.2016, passed by the Sub Divisional Officer, Belsand, Sitamarhi, whereby he has directed to ensure that a piece of land, as mentioned in the said order, is used for passage, which, according to the Sub Divisional Officer, was and is being used for such purpose for several years. It is the petitioners' case that despite the said order of the Sub Divisional Officer, respondent no. 7 has caused obstruction and the State authorities are not implementing the

Patna High Court CWJC No.6001 of 2019(2) dt.02-04-2019 2/2 order of the Sub Divisional Officer.

The petitioner is said to have approached the Public Grievance Redressal Officer, Belsand, in this regard. The Public Grievance Redressal Officer by his order, dated 24.11.2016, has also directed the Circle Officer, Belsand, to ensure implementation of the order of the Sub Divisional Officer and despite that, no adequate steps have been taken in this regard. Under the Bihar Public Grievance Redressal Act, 2015, there is provision for execution of an order passed by the Public Grievance Redressal Officer. The High Court cannot act as an executing authority of an order of the Public Grievance Redressal Officer, which has to be implemented in terms of the provisions under the Bihar Public Grievance Redressal Act, 2015.

However, in the facts and circumstances of the case, it is observed that if the petitioners approach the Public Grievance Redressal Officer for execution of the order, he shall proceed promptly in accordance with law.

This application is disposed of with the aforesaid observation.

(Chakradhari Sharan Singh, J.) ragini/- U √