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Patna High CourtCWJC/8641/2020disposed

Saroj Kumari v. The State Of Bihar

2021-06-25Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8641 of 2020 ====================================================== Saroj Kumari, Wife of Sri Ajay Kumar Ray, Resident of Village and P.O. Sahwa, P.S. Isuapur, District-Saran at Chapra, Presently Pramukh of Block Panchayat Samiti, Isuapur, District-Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3.

The District Magistrate, Saran at Chapra, District-Saran at Chapra. 4.

The Sub-Divisional Officer, Marhaura, District-Saran at Chapra. 5.

The Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. 6.

Santosh Sah Son of not Known to the Petitioner Presently Up-Pramukh of the Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra.

7.

Mitendra Prasad Yadav Son of Not Known to the Petitioner, Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. 8.

Manu Kumar Ram Son of not Known to the Petitioner. Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. 9.

Kamal Deo Singh Son of not Known the Petitioner. Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. 10.

Raja Ram Singh Sono f not Known to the Petitioner. Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. 11.

Rani Devi Wife of Not Known to the Petitioner Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra.

12.

Rambha Devi Wife of not Known to the Petitioner Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. 13.

Rajali Devi Wife of Not Known to the Petitioner Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra.

Patna High Court CWJC No.8641 of 2020(6) dt.25-06-2021 2/3 14.

Meena devi Wife of Not Known to the Petitioner Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra.

15.

Nand Kishore Rai Son of not Knwon to the Petitioner Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. 16.

Prabhawati Devi Wife of not Known to the Petitioner. Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. 17.

Uma Devi Wife of not Known to the Petitioner, Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra.

18.

Mukesh Kumar Son of not Known the Petitioner. Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra.

19.

Sandhya Singh Wife of not Known to the Petitioner Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. 20.

Dinanath Raut Son of not Known to the Petitioner, Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. 21.

Punam Devi Wife of not Known to the Petitioner. Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra.

22.

Rakesh Kumar Pandey Son of not Known to the Petitioner. Panchayat Samiti Member of Block Panchayat Samiti, Isuapur through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Isuapur, P.O. and P.S. Isuapur, District-Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar Manglam, Advocate For the Respondent/s :

Mr. Lalit Kishore ( AG ) For the Election Comm. : Mr. Amit Srivastava, Advocate Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and the

Patna High Court CWJC No.8641 of 2020(6) dt.25-06-2021 3/3 respondents.

Having regard to the fact that the office of Pramukh and Up-Pramukh has fixed tenure and that has now expired, no useful purpose would be served to enter into the thicket of fact to adjudicate the issues raised in the present writ application. The Court is of the considered view that the academic issue are discussed at academic platform and not in the law courts. Many issues of importance have been highlighted by the parties, but that is left open to be decided by the Court in appropriate proceeding as and when occasion arises. The parties may assist the Court on such issue in appropriate proceeding as indicated above.

This application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U