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Patna High CourtCR. WJC/833/2021disposed

Binod Jha @ Binod Kumar Jha v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar, Patna.

2023-04-18Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.833 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Madhubani ====================================================== BINOD JHA @ BINOD KUMAR JHA Son of Late Narayan Jha Resident of Village - Pirojgarh Tole, Brahamotara, P.S. Ghoghardiha, District - Madhubani ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna 2.

The District Magistrate, Madhubani 3.

The Circle officer, Ghoghardiha, Madhubani 4.

The Superintendent of Police, Madhubani 5.

The Dy. Superintendent of Police, Phulparas, Madhubani 6.

The S.H.O. Ghoghardiha District - Madhubani 7.

Rekha Jha W/o Sri Pramod Jha Son of Late Kari Jha 8.

Pramod Jha S/o Late Kari Jha 9.

Sudarshan Jha @ Sonu Son of Pramod Jha Both are Residents of Village - Pirojgarh Tole, Brahamotara, P.S. Ghoghardiha District - Madhubani ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Pramod Mishra, Adv.

For the Respondents :

Mr.Saroj Kumar Sharma, AC to AAG III ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2023 Counsel for the petitioner is directed to remove the defect(s) within two weeks.

Heard learned counsel for the petitioner and the State. After some arguments counsel for the petitioner submits that by virtue of implementation of order passed by the Gram Kachahri, Pirojgarh Tole, Madhubani, is executable by the Court of Munsif according to Section 119 of the Bihar Panchayati Raj Act 2006 (Act No. 6 of 2006). He seeks permission to move before the appropriate Court for compliance

Patna High Court CR. WJC No.833 of 2021(2) dt.18-04-2023 2/2 of the said order.

Counsel for the State fully agrees on the arguments made by the counsel for the petitioner.

The executing Court (under Section 119 of the Bihar Panchayati Raj Act 2006) is hereby directed to exercise his power so vested in him under Section 119 of the Bihar Panchayati Raj Act 2006 within sixty days from the date of filing of the application.

With this direction, this writ petition is disposed off. It goes without saying that upon application the Gram Kachahri shall forward this matter before the appropriate forum as mentioned under Section 119 of the Bihar Panchayati Raj Act 2006.

(Dr. Anshuman, J) Shamshad/- U T