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Patna High CourtCWJC/8536/2023disposed

Binod Kumar v. The State Of Bihar

2023-12-18Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8536 of 2023 ====================================================== Binod Kumar Son of Shadhu Sharan Prasad, Resident of Village- Baksanda, P.S- Akbarpur, District- Nawada.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Magadh Division, Gaya. 3.

The District Magistrate, Nawada.

4.

The District Panchayat Raj Officer, Nawada.

5.

The S.D.O. Rajauli, Nawada.

6.

The Block Development officer, Akbarpur, Nawada. 7.

The Circle Officer, Akbarpur, Nawada.

8.

Chanchala Devi W/O Ajay Kumar, President PACS, Baksanda, R/O Baksanda, P.S.- Akbarpur, District- Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Singh, Advocate.

For the Respondent/s :

Mr.Ajay, GA-5.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 18-12-2023 Heard Mr. Dhirendra Singh, learned counsel appearing on behalf of the petitioner and Mr. Ajay, learned GA5 for the State.

2. The petitioner has filed the writ petition for the following reliefs:

"To issue an appropriate order/s, direction/s including a writ preferably in the nature of Mandamus directing and commanding upon the respondents to give permission to construct a Panchayat Bhawan in Baksanda Panchayat for which a land vide mauza- Baksanda, Thana No 231, Khata No. 533, Khesra No. 1041, area 4.02 decimal has been proposed on the basis of report of Halka Karmchari a map was issued for construction of a Panchayat Bhawan. (ii) To ask show cause cum-explanation to the Circle

Patna High Court CWJC No.8536 of 2023 dt.18-12-2023 2/2 Officer, Akbarpur, Nawada under which circumstances permission was not given to the petitioner for construction of a Panchayat Bhawan despite of all formalities and permission was given to Res No.8 to construct a PACS Godown upon the same land.

(iii) To direct the respondent No. 7 to act in accordance with law.

(iv) To grant any other relief/ reliefs for which the petitioner is entitled in the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the petitioner submits that even though the area which has been marked for construction of the 'Panchayat Sarkar Bhawan', no action has been taken for proceeding with the work.

4. Considering the aforesaid relief prayed for in the present writ petition, the District Magistrate, Nawada is directed to call for the records relating to the development which has taken place for construction of the 'Panchyat Sarkar Bhawan' at Headquarter Village in Akbarpur Block and take proper decision so that the 'Panchayat Sarkar Bhawan' can be constructed within the stipulated period assigned by the Central Government or the State Government.

5. The writ petition, accordingly, stands disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 20.12.2023 Transmission Date N.A.