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Patna High CourtCWJC/9965/2020disposed

Sunil Kumar Singh v. The State Of Bihar

2021-08-31Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9965 of 2020 ====================================================== 1.

Sunil Kumar Singh Son of Ramjee Singh, resident of Village- Jamuniya Khairimal, P.s.- Chakiya, District- East Champaran 2.

Prabhat Kumar Singh Son of Pundev Singh resident of village- Jamuniya Khairimal, P.s.- Chakiya, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayat Raj, Government of Bihar, Patna 2.

The Director, Panchayati Raj Department, Bihar, Patna 3.

The District Magistrate, East Champaran 4.

The Dy. Development Officer, East Champaran 5.

The Sub Divisional Officer, Chakiya, East Champaran 6.

The District Panchayat Raj Officer, East Champaran 7.

The Block Development Officer, Chakiya Block, District- East Champaran 8.

The Mukhiya Panchayat Raj, Jamuniya, Block- Chakiya, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2021 Heard Mr. Krishna Kant Singh, learned counsel for the petitioner. No one appears for the State. Learned counsel for the petitioner submits that the Mukhiya of the Gram Panchayat - Jamuniya, Block- Chakiya, District - East Champaran is constructing the Panchayat Raj Bhawan in violation of the norms fixed by the Government inasmuch as instead of construction of Panchayat Raj Bhawan

Patna High Court CWJC No.9965 of 2020(3) dt.31-08-2021 2/3 in the Headquarter of the Gram Panchayat the Mukhiya is constructing the Panchayat Bhawan near his house. Learned counsel further submits that earlier Panchayat Bhawan was constructed on a piece of land donated in favour of His Excellency, Governor of Bihar in 1986 but now the present Mukhiya instead of constructing the new Gram Panchayat Sarkar Building on the land available near the old Panchayat Building is constructing the Panchayat Sarkar Bhawan near his house. Learned counsel next submits that a detailed representation has been filed in this regard before the District Magistrate, East Champaran at Motihari (Annexure - '2' to the writ petition) but the same is still pending. By order dated 15/07/2021 State was granted four weeks' time to file counter affidavit but no counter affidavit has yet been filed and no body is appearing today on behalf of the State at the time of hearing.

In view of the nature of dispute and the submission advanced by learned counsel for the petitioner, the District Magistrate, East Champaran is directed to dispose of the representation of the petitioner in accordance with law as early as possible preferably within a period of two months from the date of receipt / production of a copy of this order.

Patna High Court CWJC No.9965 of 2020(3) dt.31-08-2021 3/3 With the aforesaid observation and direction, the present writ petition is disposed of.

(Anil Kumar Sinha, J) praful/- U