Md. Naeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6794 of 2023 ====================================================== Md. Naeem Son of Late Abdul Karim Resident of Village- Amanda, Police Station-Amanda, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

3.

The Director, Panchayati Raj Department, Government of Bihar, Patna. 4.

The District Magistrate, Bhagalpur.

5.

The District Panchayat Raj Officer, Bhagalpur. 6.

The Sub-Divisional Officer, Kahalgao.

7.

The Block Development Officer, Sanhaulla, Bhagalpur. 8.

The Circle Officer, Sanhaula, Bhagalpur.

9.

The Mukhia, Gram Panchayat Raj, Amanda, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Yadav, Advocate For the Respondent/s :

Mr. Anwar Karim, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-09-2023 Heard Mr. Diwakar Yadav, learned counsel appearing on behalf of the petitioner and Mr. Anwar Karim, learned AC to GP-10.

2. The petitioner being aggrieved by the direction as contained in Letter No. 492 dated 28.03.2022, issued by the Circle Officer, Sanhaula by which the Circle Officer, Sanhaula has granted no objection for construction of Panchayat Sarkar Bhawan of Gram Panchayat, Amdanda on the Plot no. 132, Khata no. 87, Mauza - Minapur, Village - Masudanpur, Thana

Patna High Court CWJC No.6794 of 2023(2) dt.18-09-2023 2/2 No. 367, filed the present writ application and also sought directions for construction of the building of Panchayat Sarkar Bhawan in the village Amdanda in terms of the guidelines issued by the Panchayati Raj Department, Bihar.

3. Counter affidavit has been filed on behalf of the respondent nos. 4, 5 and 7 duly sworn by the Block Development Officer, Sanhaula, Bhagalpur. A categorical assertion has been made that the proposed construction of Panchayat Sarkar Bhawan at Mauja - Minapur, Village - Masudanpur, Thana No. 367, Khata No. 87, Khesra No. 132 has been dropped in the light of the fact that a Title Suit is underway in connection with the said land, implying that the land, in question, is disputed land and, as such, the land cannot be selected for the construction of Panchayat Sarkar Bhawan as per the guidelines issued by the Panchayati Raj Department, Bihar.

4. In view thereof, the grievance of the petitioner is no more survived and the present writ application stands disposed of, having become infructuous.

(Harish Kumar, J) shivank/- U