Narsingh Narain Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18600 of 2014 ====================================================== Narsingh Narain Yadav, son of Late Basudeo Yadav, resident of Village AND Post Office:-Mali, Police Station:-Beldaur, District:-Khagaria. .... .... Petitioner/s

Versus

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

2. The Deputy Director, (Planning), Panchayati Raj Department, Bihar, Patna.

3. The District Officer-cum-District Magistrate, Khagaria.

4. The Mukhiya, Gram Panchayat Raj Mali, District-Khagaria

5. The Secretary, Gram Panchayat, Mali, District-Khagaria .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Jawahar Pd. Singh, Advocate For the Respondent/s : Mr. Partha Sarthy, G.A.-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-02-2016 Let the Mukhiya of Gram Panchayat Raj Mali, BlockBeldour, District-Khagaria as well as the Panchayat Secretary be added as party to the proceedings during the course of the day. The petitioner who happens to be the Ex-Mukhiya of the Panchayat in question charges the sitting Mukhiya as well as the Panchayat Secretary of acts of omission and commission in defaulcating government fund. In support of his contention Mr. Jawahar Prasad Singh, learned counsel for the petitioner has produced a report forwarded by the District Panchayat Raj Officer addressed to the Public Grievance Cell, Khagaria dated 20.3.2015 and with reference thereto he submits that the complaint has been

Patna High Court CWJC No.18600 of 2014 (2) dt.10-02-2016 found to be correct. The report is with regard to functioning of the solar lamps. According to the petitioner, the Mukhiya and the Panchayat Secretary have not followed the directives issued by the Panchayati Raj Department in this regard though a representation filed by the petitioner before the District Magistrate is placed on record vide Annexure-3.

Having heard learned counsel for the parties and considering the nature of grievance raised, I deem fit and proper to dispose of the writ petition with a direction to the District Magistrate, Khagaria to consider the complaint of the petitioner and dispose of the matter in accordance with law and after giving an opportunity to the Mukhiya and the Panchayat Secretary. An expeditious disposal preferably within three months would be appreciated.

(Jyoti Saran, J) S.Sb/- U