Arun Mahto @ Arun Kumar Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3026 of 2011 =========================================================== Arun Mahto @ Arun Kumar Mahto, son of Ganga Mahto, resident of village- Ram Nagar, P.S- Biraul, District- Darbhanga.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Panchayat Raj, Bihar, Patna.

3. The District Magistrate, Darbhanga.

4. District Panchayati Raj Officer, Darbhanga. .... .... Respondents =========================================================== Appearance :

For the Petitioner : None.

For the Respondent : Mr. Anjani Kr Sharan SC-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 10-09-2018 Despite repeated calls, no one appears for the petitioner. However, learned counsel for the State is present. 2.

Heard learned counsel for the State and perused the record.

3.

In the instant writ petition, the petitioner has prayed for quashing letter no. 107 dated 01.02.2011 written by the District Magistrate, Darbhanga to the Principal Secretary, Panchayati Raj, Bihar, Patna whereby he has recommended to take proper action against the petitioner under amended Section 18(5) of the Bihar Panchayt Raj Act, 2007.

Patna High Court CWJC No.3026 of 2011 dt.10-09-2018 2/3 4.

On perusal of the record, I find that one Vinay Kumar, resident of village- Ahilbara had filed a complaint on 11.11.2009 annexing some documents in support of complaint before the before the District Panchayati Raj Officer, Darbhanga alleging therein that the petitioner is using three different names as Arun Mahto, Arun Kumar Mahto and Arun Chaudhary and having two different dates of birth, which is unconstitutional and demanded his removal from the post of Mukhiya. After receiving the said complaint, the District Panchayati Raj Officer, Darbhanga directed the Deputy Collector Land Reforms, Biraul, vide letter dated 24.11.2009, to make an enquiry and submit his report. In compliance of the same, the Deputy Collector Land Reforms, Biraul made an enquiry and submitted his report dated 04.06.

2010 whereby and whereunder the allegation of the complainant was found true. The petitioner had passed his matriculation examination in the year 1998 with the name of Arun Kumar Choudhary, son of Gango Chaudhary having date of birth recorded as 20.04.1982. Once again, he passed the matriculation examination in the year 2002 with the name of Arun Kumar Choudhary, son of Gango Chaudhary having date of birth as 16.01.1986.

Patna High Court CWJC No.3026 of 2011 dt.10-09-2018 3/3 for taking action against the petitioner under the amended Section 18(5) of the Bihar Panchayat Raj Act, 2007 vide letter no. 107 dated 01.02.2011.

5.

Respondent nos. 3 & 4 have also filed a counteraffidavit in this matter after serving a copy of the same to the counsel for the petitioner long back, but no rejoinder to the counter-affidavit has been filed. The statements made in the counter-affidavit are, thus, not rebutted.

6.

In that view of the matter, I do not find any merit in this writ petition. The writ petition is dismissed, accordingly. (Ashwani Kumar Singh, J) Kanchan/Sneha AFR/NAFR NAFR CAV DATE NA Uploading Date13.09.2018 Transmission Date