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Patna High CourtCWJC/611/2015disposed

Dalan Yadav @ Dalan Prasad Yadav v. The State Of Bihar And ORS

2015-03-10Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.611 of 2015 ======================================================

1. Dalan Yadav @ Dalan Prasad Yadav Son of Late Raghunath Yadav, Resident of Village and P.O. Nandpur, P.S. - Manjhi, District - Saran at Chapra, presently Mukhiya of Gram Panchayat Raj, Sonebarsa, Block - Manjhi, District - Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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

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

4. The Officer-on-Special Duty, Panchayati Raj Department, Government of Bihar, Patna.

5. The Commissioner, Saran Division, Chapra.

6. The District Magistrate, Saran at Chapra.

7. The District Panchayat Raj Officer, Saran at Chapra, District -Saran at Chapra.

8. The Sub-Divisional Officer, Sadar Chapra, District - Saran at Chapra.

9. Ramesh Prasad Yadav, Son of Paramhans Yadav, Resident of Village and P.O. Nandpur, P.S. - Manjhi, District - Saran Chapra. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandan, Adv. For the Respondent/s : Mr. Geeta Kumari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-03-2015 Learned counsel for the parties are present.

Perusal of the records manifest that the petitioner who happens to be the Mukhiya of Gram Panchayat, Sonebarsa in the District of Saran at Chapra has sought to question the notice bearing No. 9890 dated 17.12.2014 issued under Section 18(5) of the Bihar Panchayat Raj Act requiring the petitioner to respond to the allegations set out against him.

Patna High Court CWJC No.611 of 2015 (2) dt.10-03-2015 2 / 2 Learned counsel while questioning the notice on its merit has fairly admitted that the matter remains pending before the statutory authorities i.e. Principal Secretary, Panchayati Raj Department.

In the circumstances this Court without expressing any opinion as to the merits disposes of the writ petition with the liberty to the petitioner to raise all the issues as raised herein before Principal Secretary in the proceedings so initiated. (Jyoti Saran, J) Bibhash/- U