Radheyshyam Chaudhary @ Radheshyam Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5541 of 2025 ====================================================== 1.

Radheyshyam Chaudhary @ Radheshyam Chaudhary son of Chetharu chaudhary, resident of Ward No.4, Village-Karnpur, P.S.-Rudrapur, DistrictMadhubani, Bihar-847404. 2.

Ganga Prasad Yadav, son of Bikram Yadav, resident of Village-Sisauni, Ward No. 4, P.S.-Rudrapur, District-Madhubani.

3.

Ram Lakhan Saday, son of Soman Kamti, resident of Village-Siswan, Ward No. 8, P.S.-Rudrapur, District-Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

2.

The District Magistrate cum Collector, District-Madhubani. 3.

The Additional Collector, District-Madhubani. 4.

The Sub-Divisional Officer, Jhanjharpur, District-Madhubani. 5.

The Deputy Collector, Land Reforms, Jhanjharpur, District-Madhubani. 6.

The Circle Officer, Andhrathari, District-Madhubani. 7.

The Revenue/Halka Karmachari, Andhrathari, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Chandra,Adv.

For the Respondent/s :

Mr. Kamlesh Kishore, AC to SC(12) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2025 Heard the parties.

2. The petition has been filed for:- "issuance of a writ of Certiorari for quashing the recommendation dated 13.04.2023 issued in Case No. 1 of 2023-24 by the Respondent No. 6 whereby the said authority after rejecting the lands proposed by the Petitioner No. 1 for construction of Government Panchayat Building for Karnpur Gram Panchayat, recommended the land situated at Mouza Sisauni having Thana no. 277, which is at village Sisauni, the neighboring village of the village Karnpur being Panchayat headquarters and some of the lands have been donated to Bhudan

Patna High Court CWJC No.5541 of 2025(2) dt.15-04-2025 2/3 Yagya Committee for which even issued Parcha in favour of Sukhdee Yadav, the grand-father of Ganga Prasad Yadav (Petitioner No.2) and Jayram Saday, father of Ramlakhan Saday (Petitioner No.3). The petitioners further pray for a consequential writ of Mandamus commanding the respondent authorities specially Respondent No. 2, to ensure that the Government Panchayat Building is constructed in terms of the instruction issued by the Respondent No. 1 in his Letter No. 8354 dated 30.08.2022 (Annexure P/1) at the Panchayat headquarters that is at village Karnpur, wherein sufficient land is available for constructing the said building, but the Respondent No. 6 in collusion with the current Mukhia of the said Panchayat who belongs to village Sisauni, has recommended for constructing the building at the said village."

3. Learned counsel for the petitioners submits that all the facts relating to the case stands incorporated in the representation dated 21.02.2025 submitted in the office of the District Magistrate cum Collector, Madhubani (Respondent No.2).

4. He submits that additionally along with annexures, the petitioners shall be filing a fresh representation in next four weeks.

5. Learned State counsel submits that in case, such representation is preferred, the District Magistrate cum Collector, Madhubani (Respondent No.2) shall be taking note of the same and will dispose it of.

Patna High Court CWJC No.5541 of 2025(2) dt.15-04-2025 3/3

6. In that background, the writ petition is disposed of directing the petitioners to approach the District Magistrate cum Collector, Madhubani (Respondent No.2) along with fresh representation who shall take the decision within the period of four months from the date the representation is received in his office.

(Rajiv Roy, J) perwez U