Biresh Kumar v. The State Of Bihar Through Its Chief Secretary Old Secretariate Patna,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10122 of 2021 ====================================================== Biresh Kumar S/O Yugeshwar Paswan Resident of Village - Kishun Nagar, P.S. - Kanti, District- Muzaffarpur at present Chairman, Nagar Parisad Kanti, P.s. - Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary Old Secretariate Patna, Bihar. 2.

The Principal Secretary Rural Development Department, Bihar, Patna. 3.

The Commissioner Tirhut Commissionary, Muzaffarpur. 4.

The District Magistrate Muzaffarpur, District- Muzaffarpur. 5.

The S.D.O. West Muzaffarpur District- Muzaffarpur. 6.

Block Development Officer (B.D.O.) Kanti Block, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Nitu Kumari, Adv For the Respondent/s :

Mr. Vinay Kirti Singh (GA-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 09-05-2022 Petitioner is a Chairman of Nagar Parishad Kanti. He has filed this writ application for restraining the respondents from constructing a shopping complex within the premises of the block development office, Kanti in the District of Muzaffarpur.

A counter-affidavit has been filed on behalf of the State of Bihar wherein it has been denied that the said shopping complex is being constructed within the premises of the block

Patna High Court CWJC No.10122 of 2021(7) dt.09-05-2022 2/2 development office. It has been stated that rather the said shopping complex is being constructed over a land adjacent to the boundary wall of the block development office on the basis of a resolution passed by the Panchayat Samiti dated 12.09.2019 as intimated to the Deputy Development Commissioner-cumChief Executive Officer of the Zila Parishad Muzaffarpur. Learned counsel appearing on behalf of the petitioner has attempted to convince this Court that the construction is infact being made within the premises of the block development office.

The Court, exercising writ jurisdiction under Article 226 of the Constitution of India, declines to enter into such dispute as is being raised on behalf of the petitioner. This application stands dismissed in the light of averments made in the counter-affidavit.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U