Shivjee Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6320 of 2016 =========================================================== Shivjee Paswan, son of Late Bhonu Paswan, resident of village - Pindauta Khurd, Panchayat - Berai, P.S. Tisiauta, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Chief Secretary, Government of Bihar, Bihar, Patna.

3. The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

4. The District Magistrate - Cum - Collector, District - Vaishali.

5. The District Development Commissioner, Vaishali.

6. The Circle officer, Patepur, District - Vaishali.

7. The Block Development officer - Cum - Executive officer, Patepur, District - Vaishali.

8. The Chairperson - Cum - Block Pramukh, Panchayat Samiti, Patepur, Vaishali. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Ajay, G.A. V =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 07-02-2017 The petitioner has invoked the writ jurisdiction of this Court in public interest to constitute Tisiauta as a new Block after carving out from Patepur Block, District Vaishali as it fulfills the requisite criteria.

The carving out of a Block is the policy decision falling within the exclusive jurisdiction of the State. This Court in writ jurisdiction should refrain from directing the State to carve out a new

Patna High Court CWJC No.6320 of 2016 dt.07-02-2017 2/2 Block which is, in fact, a purely executive act. Consequently, we do not find any merit in the present writ application. The same is, thus, dismissed. (Hemant Gupta, ACJ) (Sudhir Singh, J) Sunil/- AFR/NAFR N. A. F. R.

CAV DATE N. A.

Uploading Date 09.02.2017 Transmission Date