Kuldip Pd. Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16518 of 2012 ======================================================

1. Kuldip Prasad Yadav S/O Lt. Faudi Yadav Resident Of Village - Jamuawan, Po - Kadirganj, P.S. / Dist - Nawada .... .... Petitioner/s

Versus

1. The State Of Bihar through The Secretary, Panchaiti Raj Department, Govt. Of Bihar, Patna

2. The Principle Secretary, Panchaiti Raj Department, Bihar, Patna

3. The District Magistrate, Nawada,Bihar

4. The District Panchayati Raj Officer (DPRO), Nawada, Bihar

5. The Block Development Officer, Nawada Sadar, Nawada, Bihar

6. The Circle Officer, Nawada Sadar, Nawada, Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Kumar Singh For the Respondent/s : Mr. Sanjay Kr No.1 Sc12 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-01-2016 Heard Mr. Durgesh Nandan counsel for the petitioner and the State.

In spite of indulgence granted no counter affidavit has been filed.

Petitioner is ex- Pramukh of Nawada Block. The writ application seeks a direction upon the State respondents to construct Gram Panchayat Bhawan at village Jamuwa, headquarter of Jamuawan Patwasarai Panchayat. It is stated that under the scheme of the government every cluster of Gram Panchayat shall have one such Panchayat Bhawan in the village having the largest population. Referring to the diverse Annexures, it has been submitted that the government land available in the village Jamuawan was selected by the District Administration

Patna High Court CWJC No.16518 of 2012 (3) dt.19-01-2016 2/2 inasmuch as recommendation was made to the Government vide communication dated 7.01.2015 (Annexure-11). The respondents have not taken any steps thereafter towards the construction of the Bhawan. The scheme, on which, reliance has been placed is not enclosed to the writ petition. This Court is, therefore, unable to appreciate the contention of the petitioner save and except that a proposal in this regard has been forwarded to the government in the appropriate Department for granting approval which has remained unheeded. Welfare scheme should not meet the fate as painted in the writ petition.

Annexure-11 is a joint recommendation of the Administration at the District level to the Government in the Department of Panchayati Raj. If any such proposal is forwarded, the respondent State is expected to act promptly thereon. This appears not to have been done in this case. Considering the above, I am persuaded to dispose of the application by directing the appropriate authority in the Government to examine the proposal of the district administration (Annexure-11) and take appropriate decision in accordance with law expeditiously preferably within 06 weeks from the date of receipt/production of a copy of this order before the said respondent.

(Kishore Kumar Mandal, J) Shyam/- U