Umesh Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7562 of 2015 ====================================================== Umesh Jha, S/o Late Sachchida Nand Jha, resident of Village Manjhaul, Khoir Tola, Ward No. 7, P.S. + Block Charabariarpur, District Begusarai at present Up Mukhiya, Gram Panchayat Raj, Manjhaul-I, Block Chariabariarpur, District Begusarai.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Begusarai.

3. The District Panchayat Raj Officer, Begusarai.

4. The Sub Divisional Magistrate, Manjhaul, District Begusarai.

5. The Block Development Officer, Chariabariapur, District Begusarai.

6. Ayodhya Paswan, the Mukhiya, Gram Panchayat Raj, Manjhaul-I, Block Chariabariarpur, District Begusarai.

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

For the Petitioner/s : Mr. Abhay Kumar Jha For the Respondent/s : Mr. Gautam Bose, AAG-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 08-07-2015 Counsel for the parties are present.

The writ petition has been filed complaining of irregularity by the Mukhiya of Gram Panchayat Raj, Manjhaul-I in the district of Begusari.

The petitioner prays for a direction to the statutory authorities to enquire into the irregularities pointed out by the petitioner who is a member of the Gram Sabha and take appropriate steps for the removal of the Mukhiya under section 18(5) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act'). Even while praying for such relief there is nothing on record of the proceedings to show whether the

Patna High Court CWJC No.7562 of 2015 (2) dt.08-07-2015 attention of the Principal Secretary or the District Magistrate has been drawn towards the irregularity except a four-line letter which nowhere discusses any irregularity.

In the circumstances, no direction can be issued and the writ petition is disposed of with a liberty to the petitioner to take recourse to the remedy available to him under the provisions of 'the Act' by filing a duly constituted application in this regard before the authority concerned and it goes without saying that any such application filed by the petitioner would be considered and disposed of by the authority concerned in accordance with law.

The writ petition stands disposed of.

(Jyoti Saran, J) SKPathak/- U