Baby Rani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23006 of 2013 ====================================================== Baby Rani, Wife of Viveka Prasad Yadav, Resident of Village- Jalalpur, Post Office- Ekdanga, Police Station- Belchhi, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Panchayat Raj Department, State of Bihar, Patna.

2. The Joint Director-Cum-Joint Secretary, Panchayati Raj Department, State of Bihar, Patna.

3. The District Magistrate, Patna.

4. The District Panchayat Raj Officer, Patna.

5. The Block Development Officer, Belchhi, Patna.

6. Panchayat Secretary, Saksohra West Panchayat, Belchhi, Barh, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Sunil Kr. Mandal, SC-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-09-2015 None appears on behalf of the petitioner. Counsel for the State is present.

The petitioner has questioned the recommendation of the District Magistrate, Patna made under section 18(5) of the Bihar Panchayat Raj Act, 2006 vide letter bearing no.1671 dated 28.9.2013 recommending removal of the petitioner from the post of Mukhiya, Gram Panchayat Raj Saksohra (West) in the district of Patna.

Although the writ petition was filed questioning the recommendation and has been also responded to by the counter affidavit but there is nothing on record to reflect the consequence of such recommendation and whether any final

Patna High Court CWJC No.23006 of 2013 (2) dt.14-09-2015 order has been passed.

In the circumstances that the petitioner at the present stage only seeks to question the recommendation which has been acted upon by the department of Panchayati Raj and in view of the fact that the subsequent developments have not been placed on record this court without interfering with the recommendation so made by the District Magistrate, Patna, would dispose of the writ petition with the liberty to the petitioner to question the final order passed by the Principal Secretary, Panchayati Raj Department if the same goes against the interest of the petitioner.

The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/- U