Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1381 of 2021 ====================================================== Mithilesh Singh Son of Surendra Singh Resident of Village- Mahammadpur Patti, Muhammadpur, Kaladumra, Police Station- G.B. Nagar, DistrictSiwan. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Siwan.

3.

The District Development Officer, Siwan.

4.

The District Panchayat Officer, Siwan.

5.

The Sub Divisional Officer, Siwan.

6.

The Mukhiya, Mahammadpur Patti, Circle Officer-Goreakothi, DistrictSiwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh, Adv.

For the Respondent/s :

Mr. Satya Watt, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-03-2021 The present writ petition has been filed seeking the following reliefs:- "(i) To issue a writ in the nature of mandamus to direct the respondents to not construct the Panchyat Bhawan at the piece of land bearing Survey Plot No. 1214, Khata No. 124, Area-12 Khata, 2 Dhurs in view of the protection on the Social Cultural and Environmental Aspect of the village/panchayat.

Patna High Court CWJC No.1381 of 2021(2) dt.25-03-2021 2/3 Further directed the respondents to construct the Panchayat Bhawan at the Survey Plot No. 3107, 3104, 3103, 3100, 3109, 3162, Area 1.5 Bigha which is wide open place accessible to all villagers having undisputed aspect of the matter.

(ii) To hold and declare that in view of the Article 48, 48A and 21 of Constitution of India, the state authority is bound the protect the setup of Agriculture, environment and social harmony in the territorial area;

Accordingly Respondents be restrained to construct the Panchayat Bhawan on aforesaid land.

(iii) To direct the respondents to particularly the Mukhiya; to act down the mandate and for the interest of residents of the Panchayat who are general public of the locality and which is suitable for the protection of

Patna High Court CWJC No.1381 of 2021(2) dt.25-03-2021 3/3 Agriculture Environment and Social."

At the outset, the learned counsel for the petitioner seeks to approach the District Magistrate, Siwan, for redressal of his aforesaid grievances.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to approach the District Magistrate, Siwan, by filing appropriate representation within a period of four weeks from today and in case, such a representation is filed, the District Magistrate, Siwan, shall consider the same in accordance with law and dispose of the same within a period of twelve weeks, thereafter.

(Mohit Kumar Shah, J) Ajay/- U