Mahadev Kamati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10561 of 2024 ====================================================== Mahadev Kamati Son of Jogindra Kamati Resident of Village- Sarisavpahi, P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayat Raj, Govt. of Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The District Panchayat Officer, Madhubani.

4.

The Deputy Development Commissioner, Madhubani. 5.

The Block Development Officer, Pandaul, Madhubani. 6.

The Circle Officer, Pandaul, Madhubani.

7.

The Mukhiya Sarisavpahi, Panchayat, Pandaul, Madhubani. 8.

The Mukhiya Meghaul Panchayat, Pandaul, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Respondent/s :

Mr. S.D.Yadav, A.A.G.-9 Mr. Braj Bhushan Mishra, A.C. to A.A.G.-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-07-2024 Heard the parties.

2. The present petition has been preferred for the following reliefs:- (i) to issue a writ in the nature of certiorari to quash the letter no.1322 dated 28.07.2022 (Annexure- 1) issued under the authority of Circle Officer Pandaul, Madhubani by which no objection has been accorded by the learned C.O. for establishment of solid and liquest waste material treatment plant at the place which is situated under Sarisavpahi Panchayat beyond

Patna High Court CWJC No.10561 of 2024(2) dt.22-07-2024 2/3 the territorial area of Meghaul Panchayat, Pandaul, Madhubani, whereas the said waste material treatment plant has to be established within the territorial area of Meghaul Panchayat as per the officer order and direction;

(ii) to issue a writ in the nature of mandamus directing the respondents to establish the said waste material treatment plant within the Meghaul Panchayat, Pandaul, Madhubani;

(iii) to restrain the respondents from disorienting the order and direction of the planning by which the waste material treatment plant has to be established within the parameter of Meghaul Panchayat.

3. Learned Counsel for the petitioner straightway took this Court to the letter no. 47 dated 08.01.2024 issued by the Deputy Development Commissioner, Madhubani addressed to the Block Development Officer, Pandaul as also the Circle Officer, Pandaul in which report was/were sought for from the concerned respondent (Annexure-P/3 to the petition).

4. Learned State Counsel submits that the respondents have already taken cognizance in the matter and the same will be taken to the logical conclusion.

5. In the opinion of this Court, it would be appropriate that the District Magistrate, Madhubani (respondent no. 2) looks

Patna High Court CWJC No.10561 of 2024(2) dt.22-07-2024 3/3 into the matter and on the basis of the report sought for by the Deputy Development Commissioner, as stated above after hearing the parties will decide the matter expeditiously.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Neha/- U