Sudha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1446 of 2021 ====================================================== Sudha Devi W/o Satyendra Prasad Resident of Village- Badraj Ekangar Dih, P.s.- Ekangarsari and District- Nalanda, At present Ward Member of Ward No. 5, Ekangardih, Panchayt raj block Ekangarsarai, District- Nalanda ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Nalanda at Biharsharif 3.

The District Panchayat Raj Officer, Nalanda at Biharsharif 4.

The Sub Divisional Officer, Hilsa, District- Nalanda 5.

The Circle Officer, Ekangarsarai, District- Nalanda at Biharsharif ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar, Advocate Mr. Rajeev Kumar, Advocate For the Respondent/s :

AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2021 Learned counsel for the petitioner at the very outset submits that petitioner may be allowed to submit a fresh representation before the District Magistrate, Nalanda at Biharsharif for construction of Panchayat Sarkar Bhawan for the Gram Panchayat Raj Ekangardih under Ekangarsarai Block in the District of Nalanda over Khata No. 523, Plot No. 1112 having an area of 64 decimal inasmuch as the Mukhiya of the Gram Panchayat is going to construct Panchayat Sarkar Bhawan on a different plot for his own vested interest. Learned counsel for the State referring to paragraph no. 7 and Annexure- 2 of the writ application submits that from

Patna High Court CWJC No.1446 of 2021(2) dt.19-07-2021 2/3 perusal of the same it appears that construction of Panchayat Sarkar Bhawan on a different plot of the choice of Mukhiya has already been completed.

In reply, learned counsel for the petitioner submits that there is apparent mistake in paragraph no. 7 of the writ petition on part of the petitioner and fact of the matter is that construction had just started and the same was stopped by the local authority and it is not correct that construction of the Panchayat Bhawan is over.

However, learned counsel for the State apart from above has got no objection if the petitioner is allowed to submit a representation before the District Magistrate, Nalanda at Biharsharif raising his grievance.

In view of the rival submission made by the parties and on the request of the writ petitioner, let a fresh representation be filed by the petitioner before the District Magistrate, Nalanda at Biharsharif within a period of two weeks from today.

Needless to say that if such representation is filed, the District Magistrate, Nalanda at Biharsharif will consider the same and pass a reasoned order in accordance with law within a reasonable period of time.

Patna High Court CWJC No.1446 of 2021(2) dt.19-07-2021 3/3 Accordingly, this writ application is disposed of. (Anil Kumar Sinha, J) praful/- U