Patna High CourtCWJC/20287/2018disposed

Ram Sevak Thakur v. The State Of Bihar And ORS

2018-10-31Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20287 of 2018 =========================================================== Ram Sevak Thakur, son of Ram Sakal Thakur, resident of village-Purshottampur, Panchayat-Mohammadpur Mobarak, P.S.-Maniyari, Block-Kurhani, DistrictMuzaffarpur. .... .... Petitioner

Versus

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

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3. The Commissioner, Tirhut Division, Muzaffarpur.

4. The District Magistrate-cum-Collector, Muzaffarpur.

5. The District Panchayat Raj Officer, Muzaffarpur.

6. The Block Development Officer, Kurhani, District-Muzaffarpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sriprakash Srivastava, Advocate Mr. Sadanand Paswan, Advocate For the Respondent-State: Mr. Vijay Bharti, AC to SC-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 31-10-2018 It is submitted by the learned counsel for the petitioner that due to efflux of time the present writ petition has become infructuous, as fresh cause of action has arisen. He submitted that the writ petition was filed for quashing a letter issued under the signature of the District Panchayat Raj Officer,

Patna High Court CWJC No.20287 of 2018 dt.31-10-2018 2/2 Muzaffarpur addressed to the Block Development Officer, Kurhani whereby a meeting for deliberating upon no confidence motion was convened on 09.10.2018 under Section 18(4)(i) of the Bihar Panchayat Raj Act, 2006 for removing the petitioner who was Mukhiya of Panchayat Raj, Mohammadpur Mobarak, Kurhani, District-Muzaffarpur, but during pendency of the writ petition the meeting has already been convened and the petitioner has been voted out on 25.10.2018. It is submitted that the writ petition may be disposed of as infructuous with liberty to the petitioner to file fresh writ petition challenging the resolution of removal from the post of Mukhiya.

In view of the submissions made above, the writ petition is disposed of as infructuous.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.11.2018 Transmission NA Date