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Patna High CourtCWJC/8728/2022disposed

Ram Ashish Mishra @ Rameshwar Mishra v. The State Of Bihar

2022-12-06Mr. Justice Sunil Dutta Mishra,Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8728 of 2022 ====================================================== Ram Ashish Mishra @ Rameshwar Mishra, aged about 44 years, Gender:Male, Son of Bhavanand Mishra Resident of Village- Jaidevpatti, P.S.- Ghanshyampur, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The District Magistrate, Darbhanga.

3.

The District Panchayat Raj Officer Darbhanga. 4.

The Block Development Officer Ghanshyampur, District- Darbhanga. 5.

Panchayat Secretary, Jaidevpatti Ward No.- 13, Jaidevpatti Panchayat, Block Ghanshyampur, District- Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dudh Nath Singh, Advocate For the State :

Mr. Vijay Kumar Verma, AC to GA 2 ======================================================= CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) Date : 06-12-2022 Heard Mr. Dudh Nath Singh, learned counsel for the petitioner and Mr. Vijay Kumar Verma, learned AC to GA 2 for the State.

2. Learned counsel for the petitioner submits that he will be filing the original hard copy of the writ petition today itself.

3. The petitioner has moved this Court for the following reliefs:

i) For issuance of direction/ directions or order/ orders or writ/ writs particularly in the nature of Mandamus for

Patna High Court CWJC No.8728 of 2022 dt.06-12-2022 2/3 commanding and directing the respondent authorities to make selection of ward member in ward no.13 under Jaidevpatti Gram Panchayat under Ghanshyampur Block, Darbhanga with proper notice to the all concerned members/ voters or ward member under Bihar ward Sabha and ward implementation and management committee conduct of business rules 2017.

ii) For issuance of direction or order or an appropriate writ to the respondent if any selection of ward secretary is made without following the procedure for selection of ward member secretary of ward no.13 of Jaidevpatti Panchayat, produce the selection letter of ward member secretary for quashment of the same.

iii) For any other incidental and consequential relief to which the petitioner is found fit under the facts and circumstances of this case."

4. Learned counsel for the petitioner submitted that being aggrieved with the action of the respondents, he has filed a representation before the District Magistrate, Darbhanga which is pending.

5. Learned counsel for the State submits that the representation of the petitioner be directed to be disposed of within a fixed time period.

6. Learned counsel for the petitioner agrees to the same.

7. Having regard to the aforesaid, with consent, the writ petition stands disposed of with a direction to the respondent no. 2 to dispose of the representation dated 30.05.2022 filed by the petitioner, copy of which is Annexure-5 to the writ application,

Patna High Court CWJC No.8728 of 2022 dt.06-12-2022 3/3 within a period of two months from the date of production of a copy of this order before him, if already not disposed of. (Ahsanuddin Amanullah, J) ( Sunil Dutta Mishra, J) Anjani/- AFR/NAFR U T