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Patna High CourtCWJC/3730/2024withdrawn

Vidya Bharati v. The State Of Bihar

2026-03-24Mr. Justice Partha Sarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3730 of 2024 ====================================================== Vidya Bharati wife of Arvind Kumar Singh, Resident of village and P.O. Kesath, P.S. Kesath, District - Buxar, presently Adhyaksh, Zila Parishad, Buxar, District-Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

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

3.

The District Magistrate, Buxar District-Buxar. 4.

The Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Buxar, District -Buxar.

5.

Smt. Nilam Devi wife of Sri Sunil Singh, Presently Up- Adhyaksh, Buxar Zila Parishad, P.O., P.S. and District Buxar. 6.

Saroj Devi Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 7.

Baby Devi Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 8.

Aarti Devi Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 9.

Sahana Khatoon Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 10.

Mamta Kumari Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 11.

Gayatri Devi Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 12.

Sanaina Devi Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 13.

Kedar Singh Son of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 14.

Rajiv Kumar Son of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 15.

Umarjan Wife of not known to the petitioner the elected members of Zila

2/4 Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 16.

Dharmendra Kumar Thakur Son of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.

17.

Ashok Rai Son of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 18.

Arvind Pratap Shahi Son of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.

19.

Pooja Devi Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 20.

Kusum Devi Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 21.

Kamalwas Kuer Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 22.

Rina Kumari Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. 23.

Mauli Devi Wife of not known to the petitioner the elected members of Zila Parishad, Buxar through the Deputy Development Commissioner -cumChief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramanuj Tiwary, Advocate Mr. SBK Mangalam, Advocate Mr. Awnish Kumar, Advocate Mr. Rishi Raj, Advocate For the State :

Mr. Ajay Behari Sinha, GA- 8 For the SEC :

Mr. Ravi Ranjan, Advocate Mr. Girish Pandey, Advocate For Respondent no. 8 :

Mr. Niranjan Kumar, Advocate Mr. Rohan Kumar, Advocate Mrs. Dikshika Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-03-2026

1. The petitioner has filed the instant application for the following reliefs:

3/4 "1. (I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent no.3 to produce on record his order passed in pursuance of the order dated 23.01.2024 passed by a bench of this Hon'ble Court in C.W.J.C. No.1412 of 2024, whereby and where under the Respondent no.3 has been pleased to direct the Respondent no.4 to issue notice of the special meeting of Zila Parishad, Buxar on 15.02.2024 and on production the same may be quashed by issuance of an appropriate writ in the nature of CERTIORARI on the ground that if it is the case of the petitioner that in compliance of the provisions contained under Sub-Section -4 (i0 of Section- 70 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Gram Panchayat Act), the requisitionists had never delivered their requisition to the petitioner, on the basis of the impugned requisition of the requisitionists dated 05.01.2024, no special meeting of Zila Parishad can be convened for consideration of No Confidence Motion against the petitioner.

(II) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the notice of special meeting dated 15.02.2024 issued by

4/4 the Respondent no.4 to the petitioner vide his letter no.414 dated 02.02.2024, whereby and where under the Respondent no.4 has been pleased to inform the petitioner about the special meeting of Zila Parishad on 15.02.2024 convened for consideration of No Confidence Motion against her on the ground that the notice issued by the Respondent no.4 does not comply the mandatory requirement of Sub- Section -4 (iv) of Section -70 of the Gram Panchayat Act.

(III) For issuance of any other appropriate writ/writs, order/ orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

2. Learned counsel for the petitioner seeks permission to withdraw this application.

3. In view of the above, this application is dismissed as withdrawn.

(Partha Sarthy, J) sauravkrsinha/- U