Shree Narayan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7668 of 2020 ====================================================== Shree Narayan Thakur son of Late Ramchandra Thakur resident of villageMadhaul, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Muzaffarpur.

3.

The Commissioner, Tirhut Range, Tirhut Commissionery, Muzaffarpur. 4.

The District Panchayat Raj Officer, Muzaffarpur. 5.

The Block Development Officer Paroo Block, District Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Respondent/s :

Mr. Pratik Kumar Sinha, A.C. to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2020 Heard Mr. Yugal Kishore, learned counsel for the petitioner and Mr. Pratik Kumar Sinha, learned A.C. to GA5 for the State through video conferencing. The present writ application has been filed for quashing of Memo No. 1165/Pan, dated 30.6.2020 issued by the District Magistrate, Muzaffarpur (respondent No. 2) as contained in Annexure-1 by which the petitioner has been transferred from Paroo Block to Aurai Block. Learned counsel for the petitioner submits that the petitioner is suffering from various deseases and he is going to retire from service on 30.04.2022. Learned counsel

Patna High Court CWJC No.7668 of 2020(2) dt.11-09-2020 2/3 further submits that the petitioner has filed his representation (Annexure-3) before the Commissioner, Muzaffarpur, with copies endorsed to the District Magistrate, Muzaffarpur, District Panchayat Raj Officer, Muzaffarpur, and Block Development Officer, Paroo, Muzaffarpur, praying therein that the petitioner may be posted in nearby block taking into consideration the ailment of the petitioner.

Learned counsel for the State, on the other hand, submits that the petitioner has filed his representation before the Commissioner, Muzaffarpur, which is not the competent authority and representation may be filed before the District Magistrate, Muzaffarpur, by the petitioner. Having regard to the submission made by the parties and taking into consideration the materials on record, this writ application is disposed of with a direction to the petitioner to file a fresh representation along with a copy of this order before the District Magistrate, Muzaffarpur, within a period of three weeks and the District Magistrate, Muzaffarpur (Respondent No. 2) is further directed to dispose of the same in accordance with law

Patna High Court CWJC No.7668 of 2020(2) dt.11-09-2020 3/3 within a further period of four weeks.

This writ petition is, accordingly, disposed of. (Anil Kumar Sinha, J) S.Ali/- U