Pramod Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5067 of 2014 =========================================================== Pramod Kumar S/O Akhileshwar Prasad Resident Of Village And Post Ichhos, Police Station And Block- Islampur, District- Nalanda. .... .... Petitioner/s

Versus

1. The State Of Bihar through Its Principal Secretary, Revenue and Land Reforms, Department, Govt. Of Bihar, Patna.

2. The Principal Secretary, Social Welfare Department, Govt. Of Bihar, Patna.

3. The District Magistrate, District- Nalanda.

4. Sub- Divisional Officer, Hilsa, District- Nalanda.

5. The Circle Officer, Islampur, District- Nalanda.

6. The Block Development Officer, Islampur, District- Nalanda.

7. The C.D.P.O. Islampur, District- Nalanda.

8. The Mukhiya Gram Panchayat Raj Ichhos, Islampur, District- Nalanda. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. ASHOK KUMAR For the Respondent/s : Mr. ROY SHIVAJI NATH Mr. Nagendra Kumar, AC to AAG IX =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 05-10-2016 Heard the counsel for the petitioner and the State. A counter affidavit is filed on behalf of respondent nos. 3 to 7. The petitioner being the resident of village Ichhos within the Islampur Block of Gaya district, has filed the present writ application in a representative capacity for a direction upon the respondents to construct the Aangan Bari centre/building on Plot No.1761 located in Ward No. 11 for which a recommendation was also made by the Panchayat Secretary. The State respondent has decided to construct the Aangan Bari centre/building on Plot No. 1743 which is stated to be a government land and more suitable for construction. In my view, a dispute of this nature should not be entertained by the Writ Court as it is purely the administrative decision of the State respondent to

Patna High Court CWJC No.5067 of 2014 dt.05-10-2016 2/2 construct the Aangan Bari centre/building on an appropriate place. Such construction of Aangan Bari centre/building is not covered by any statutory provision. There is thus no breach of any statutory provision. Judging the case on the conspectus of the of the aforesaid facts and circumstances apparent from the record, this Court is not inclined to invoke its extraordinary and discretionary writ jurisdiction. The writ application is dismissed.

(Kishore Kumar Mandal, J) HR/- AFR/NAFR NAFR CAV DATE

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