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Patna High CourtCWJC/11626/2014disposed

Ravindra Manjhi v. The State Of Bihar And ORS

2019-02-18Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11626 of 2014 ====================================================== Ravindra Manjhi S/o Late Hira Manjhi Resident of Marichahwa, P.O. Madhubani, P.S. Dhanha, District - West Champaran ... ... Petitioner

Versus

1. The State Of Bihar through its Secretary, Rural Development Department, Government of Bihar, Patna

2. The District Magistrate/Collector, West Champaran at Bettiah.

3. The Sub-Divisional Officer, Bagaha, West Champaran at Bettiah.

4. The Block Development Officer, Madhubani, West Champaran at Bettiah.

5. The Sarpanch, Gram Kachahari, Madhua, Police Station - Dhanaha, District - West Champaran.

6. Lalan Ram Son of Late Gharbharan Ram Resident of Village - Madhua, P.S. Dhanha, District - West Champaran at Bettiah ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Shambhu Sharan Singh, Advocate For the State : Mr. Akash Chaturvedi, AC to SC 11 for the Private respondent : Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner, the State and private respondent no.6.

It is submitted by learned counsel for the petitioner that the enquiry report submitted by the Block Development Officer, Madhubani, West Champaran (respondent no.4) dated 10.10.2011 affirming appointment of respondent no. 6 is not in accordance with law. Petitioner's candidature was found to be worthy of selection for Gram Kachahari Sechiv. Report was submitted to the Sub Divisional Officer, Bagha, West Champaran (respondent no.3) in 2011. However, till date the issue has not been resolved by respondent no.3. In view of the limited controversy, this Court would

Patna High Court CWJC No.11626 of 2014(2) dt.18-02-2019 2/2 direct respondent no.3 to take a final decision in the matter regarding the rival claims between the petitioner and respondent no.6 having regard to the report of the B.D.O., Madhubani (respondent no.4 ) dated 10.10.2011 and any other relevant facts which may be produced by the rival parties.

Since respondent no.6 has appeared in the instant proceeding, this Court would record that the parties will appear before respondent no.3 on 30th March, 2019 so as to facilitate final decision on the rival claims of the parties by respondent no.3.

Let the decision be taken by a reasoned and speaking order and in accordance with law within a period of four weeks thereafter.

Writ petition is disposed of with the aforesaid observations and directions.

(Madhuresh Prasad, J) Shashi U