Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8829 of 2020 ====================================================== Pankaj Kumar Singh S/o- Balmiki Singh Resident of Village- Mirzapur, P.O.- Mirzapur, P.S.- Hathua, District- Gopalganj.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Chief Secretary, Bihar, Patna. 2.
The Principal Secretary, Panchayati Raj Department, Bihar, Patna. 3.
The Deputy Secretary, Panchayati Raj Department, Bihar Patna. 4.
The Commissioner, Saran Division, Saran at Chhapra. 5.
The District- Magistrate-cum- Collector, Gopalganj. 6.
The District Panchayati Raj Officer, Gopalganj. 7.
The Sub- Divisional Officer, Hathua, Gopalganj. 8.
The Block- Development Officer, Hathua, Gopalganj. 9.
The Circle Officer, Hathua, Gopalganj.
10.
The Incharge Police Station, Hathua, Gopalganj. 11.
The Panchyat Secretary, Bariraybhan Panchayat, Hathua, Gopalganj. 12.
The Mukhiya, Bariraybhan Panchayat, Hathua, Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Shahi For the Respondent/s :
Mr. P. N. Shahi, AAG 6 Mr. Patanjali Rishi, A.C. to AAG 6 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 05-11-2020 Heard the parties.
Petitioner has prayed for following relief:- "This is an application for issuance of writ of
Patna High Court CWJC No.8829 of 2020 dt.05-11-2020 2/3 mandamus or other appropriate writ(s), order(s) and direction(s), against misuse of public money for construction of Panchayat Sarkar Bhawvan upon a piece of land which is private land as land records impart, and the same is being done besides such illegally communicated by the Circle Officer, Hathua, Gopalganj to all other concerned public officers and offices. And, other relief/reliefs for which the petitioner is found entitled to the facts and circumstances of the case."
This writ petition in nature of PIL has been filed to restrain the district authorities from constructing Panchayat Sarkar Bhawan over a vacant land appertaining to Khata No.03, Khesra No.2037 Thana No.988 measuring 62 decimals in Mauza Mirzapur which has been recorded in Khatiyan as gair majarua malik land and proposal to construct Panchayat Sarkar Bhawvan over said land was accepted by District Panchayati Raj Officer, Gopalganj by his letter dated 27.06.2020 and thereafter fund was released and construction was also started. It is submitted that villagers protested against said construction as the land was being used as playground and few villagers also claim land as their private land of which jamabandi is running in their name and objections were communicated to District Collector by the Circle Officer, Fathua and other officials and steps were taken for cancellation of
Patna High Court CWJC No.8829 of 2020 dt.05-11-2020 3/3 jamabandi and meanwhile representation was filed to stop the construction but no action is being taken upon such representation.
The writ petition is disposed of with liberty to petitioner to file a detailed representation before the respondent no.6, District Panchayati Raj officer, Gopalganj who shall consider the grievances of petitioner within one month from the date of receipt of such representation and pass a speaking order after giving opportunity to all interested parties. However, if any grievance of the petitioner still survives, liberty reserve to him to take recourse to such remedies as are otherwise available in accordance with law.
(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.11.2020 Transmission Date NA