Shikendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6947 of 2025 ====================================================== Shikendra Ray, Son of Shivchandar Ray, resident of village - Narayanpur Mal, P.S. - Saraiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through The Principal Secretary Panchayati Raj Department, Govt. of Bihar, Patna.
2.
The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.
3.
The District Magistrate, Muzaffarpur.
4.
The S.D.O., West, Muzaffarpur.
5.
The District Panchayati Raj Officer, District- Muzaffarpur. 6.
The Block Development Officer, Block - Saraiya, Muzaffarpur. 7.
The Block Panchayati Raj Officer, Block and P.S. - Saraiya, DistrictMuzaffarpur. 8.
The Circle Officer, Block - Saraiya, District - Muzaffarpur. 9.
The Election commission, Bihar State Election Commission, Bihar, Patna. 10.
The Secretary, Bihar State Election Authority, Harding Road, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Advocate For the Respondent/s :
Mr. P.K.Shahi, A.G.
====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 08-12-2025 Heard learned counsel for the parties.
2. The present writ application has been filed in the form of a Public Interest Litigation for the following reliefs: "(1) For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the respondent no-3 (District Magistrate) to respondent no.- 5 make proper enquiry upon the letter no. 36, dated 20/03/2021 issued under the signature of respondent no. 6 (Block development officer, Block-
Patna High Court CWJC No.6947 of 2025(4) dt.08-12-2025 2/3 Saraiya) to respondent no.- 5 by which it has recommended that the village namely Narayanpur Mal should be to be integrated (sammalit) into newly constituted Panchayat Raj Bishunpur Kesho @ Saraiya as village Narayanpur Mal is adjacent to Bishunpur Kesho @ Saraiya (Annex-P-1).
(ii) For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the respondent no.-3 (District Magistrate) to make proper enquiry in respect of memo no.- 130, dated 21/01/2024 and to integrate Narayanpur Mal to Panchayat Raj village Bishunpur Kesho @ Saraiya from Panchayat Raj Koluhuwa, as Koluhuwa is not adjacent village to Bishunpur Mal and the same is situated far away from Narayanpur Mal village and between Narayanpur Mal and Koluhuwa Panchayat raj village, there is nagar panchayat Manikpur, so why the people of village Narayanpur Mal is facing great inconvenience in coming and going to Koluhuwa Panchayat Raj Village (Annex-P-2).
(iii) For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the respondent no.-3 (District Magistrate) to make proper enquiry in respect of the fact that till 19/03/2021 Narayanpur Mal village was integrated with Panchayat Raj Manikpur, but later on Manikpur panchayat also became Manikpur Nagar Panchayat, so in the interest of welfare of the people of Narayanpur Mal, it is necessary that Narayanpur Mal would be integrated with Bishunpur Kesho @ Saraiya.
(iv) For issuance of an appropriate writ in the nature of certiorari for setting aside the letter no. 1080, dated 08/04/2025 and for issuance of direction to the respondents to add the name of people of Narayanpur Mal as voter of Bishunpur Kesho @ Saraiya panchayat Raj, as the people of the Narayanpur Mal is neither the voter of Panchayat Raj Koluhuwa nor the voter of Bishunpur Kesho, so as such the people of Narayanpur Mal have been deprived from casting their vote in PACS election, and the same is not tenable in the eye of law and beyond the principle of natural justice and after adding the name of voter of
Patna High Court CWJC No.6947 of 2025(4) dt.08-12-2025 3/3 Narayanpur Mal into Bishunpur Keshaw panchayat Raj a fresh voter list should be published for PACS election (Annex-P-3).
(v) For issuance of any other writ/writs/order/orders/ direction/directions for which the writ petitioner is legally found entitled on behalf of his community and poor villagers under the facts and circumstances of the case."
3. Upon consideration of materials on record, it appears that the petitioner has already made a representation (Annexure-P/5) dated 04.01.2025 before Respondent No. 3 (The District Magistrate, Muzaffarpur) for redressal of his grievance.
4. In view of the aforesaid, the Respondent No. 3 (The District Magistrate, Muzaffarpur) is directed to consider the petitioner's representation and pass an appropriate order in accordance with law at the earliest.
5. Accordingly, the present writ application stands disposed of.
6. Pending application(s), if any, shall also stand disposed of.
(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Sujit/- U