Usha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1064 of 2015 ======================================================

1. Usha Devi W/o Sri Satyendra Choudhary, Resident of Village - Chiksoura Bazar, P.S. - Hilsa, District - Nalanda, presently posted as Mukhia Gram Panchayat Raj Chiksoura Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate Nalanda at Biharsharif.

3. The District Program Officer Nalanda at Biharsharif.

4. The Superintendent of Police Nalanda at Biharsharif.

5. The Deputy Development Commissioner Nalanda at Biharsharif.

6. The Sub-Divisional Officer, Hilsa, Nalanda.

7. The Block Development Office, Hilsa, Nalanda.

8. The Panchayat Secretary, Chiksoura, Hilsa Nalanda.

9. The Panchayat Rojgar Sevak, Chiksoura, Hilsa, Nalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh, Adv. For the Respondent/s : Mr. Md. Raisul Haque, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is a sitting Mukhiya of Gram Panchayat Raj, Chiksoura in the District of Nalanda.

The complaint of the petitioner is that several development projects are not being executed due to non-cooperation of the district authorities. Even while making such complaint, there is no such averment either in the representations addressed to the district authorities as to what are the development schemes which

Patna High Court CWJC No.1064 of 2015 (3) dt.23-04-2015 2 / 3 have been invoked in the Panchayat and the reasons for their non implementation. The representation relied upon by learned counsel addressed to the District Magistrate, Nalanda again is non descriptive sans any details.

The petitioner prays for a direction to the district authorities to cooperate in the development works of the Panchayat which are not being executed for want of cooperation.

Having heard learned counsel for the parties and considering the status of the petitioner as the Mukhiya of the Gram Panchayat as well as considering the statutory provisions underlying Sections 152, 153, 154 and other provisions of the Bihar Panchayat Raj Act, 2006 where the State Government has supervisory control over the affairs of the Panchayat and considering the fact that the representations so addressed by the petitioner does not give the details of Schemes against which the complaint is being set up, the writ petition is disposed of with liberty to the petitioner to file a comprehensive representation before the District Magistrate, Nalanda giving specific details of the Scheme which are not being executed for want of cooperation. It goes without saying that any such representation being filed by the petitioner shall be considered and disposed of by the District Magistrate in accordance with law and after giving an

Patna High Court CWJC No.1064 of 2015 (3) dt.23-04-2015 3 / 3 opportunity of hearing to the petitioner expeditiously and preferably within three months of receipt of such representation. The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U