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Patna High CourtCWJC/8118/2020disposed

Ashok Kumar Singh, v. The State Of Bihar

2020-09-29The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8118 of 2020 ====================================================== Ashok Kumar Singh, Son of Rameshwar Prasad Singh, Resident of Village - Samarkhurd, P.S. Salkhua, District - Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Chief Secretary, Panchayat Raj Department, Government of Bihar, Patna.

2.

The Addl. Chief Secretary, Panchayat Raj Department, Government of Bihar, Patna.

3.

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

The District Magistrate, Saharsa, District Saharsa. 5.

The District Panchayat Raj Officer, District- Saharsa. 6.

The Anchaladhikari/Circle Officer, Salkhua, District- Saharsa. 7.

The Mukhiya of Grampanchayat Samarkhurd, P.S. Salkhua, DistrictSaharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) Mr.Sarvesh Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-09-2020 Petitioner has prayed for the following relief(s):- "(i) For issuance of a writ in the nature of certiorari for quashing the letter Memo No.423 dated 10.07.2020 issued under signature Anchaladhikari, Salkhua by which chance land for site for contruction of Panchayat Sarkar Bhawan, whenever by letter No.382 dated 30.06.2020 selected land after completion of due formility and process for selection of site by

Patna High Court CWJC No.8118 of 2020(2) dt.29-09-2020 2/3 which Panchayat Sarkar Bhawan shall be constructed in the Had quarter of panchayat.

(ii) For further issue direction to respondents for constructing the Panchayat Sarkar Bhawan in the headquarter as selected the site by the letter dated 30.06.2020 issued by Anchaladhikari, Salkhua by which identify the land bearing Mouza-Samarkhurd, Thana No.330, Khata No.209, Khesra No.1054, Area50 decimal, Khesra No.1055, Area-32 decimal total 82 decimal land belong to Government of Bihar as Anabad, which is situated as the headquarter and have no objection by any corner.

(iii) For further issue direction to the respondents consider the application filed petitioner and other member of the Panchayat as Panchat Samiti and the Sarpanch and the villagers by which requested for constructing the Panchayat Sarkar Bhawan as per recommendation of the land by letter dated 30.06.2020 the said land is situated at Headquarter and having good communication and other facilities.

(iv) For further give other legal consequential benefit to the petitioner."

It is brought to our notice that petitioner's representation is already pending before appropriate authority. As jointly prayed for, the petition stands disposed of in the following terms:-

Patna High Court CWJC No.8118 of 2020(2) dt.29-09-2020 3/3 (a) petitioner's representation, which is pending before the appropriate authority, shall be considered and decided in accordance with law;

(b) they shall do within a period of three months from today;

(c) liberty is reserved to the petitioner to take recourse to such remedy, if so required, pursuant to the decision taken on such representation;

(d) we have not expressed any opinion on the merits of the matter;

Petition stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) pallavi/- U