Jyoti Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3682 of 2021 ====================================================== JYOTI KUMAR JHA, Son of Late Shivanand Jha resident of village and P.o.- Motipur, Ward no. 8, P.S.- Karjain Bazar, District- Supaul ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna 3.

The Commissioner, Koshi Division, Saharsa 4.

The District Magistrate-cum-District Collector, Supaul 5.

The Circle Officer, Raghopur, district- Supaul 6.

The Block Development Officer, Raghopur, District- Supaul 7.

The Mukhiya Gram Panchayat Raj Motipur, Anchal- Raghopur, DistrictSupaul 8.

The Panchayat Secretary, Gram Panchayat Raj Motipur Anchal- Raghopur, District- Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. A.C. to A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 09-03-2021 This writ application has been filed for a direction to the respondent authorities to construct the building of proposed Panchayat Sarkar Bhawan of Gram Panchayat Raj- Motipur under block / Anchal- Raghopur, District, Supaul on a land appertaining to khata no.93, Khesra No.549 and 550 measuring 2 bigha 6 kathas and 8 dhurs which is Gairmazarua Khas land situated in the middle of Panchayat and most suitable for

Patna High Court CWJC No.3682 of 2021 dt.09-03-2021 2/3 construction of Panchayat Bhawan, however, same is being constructed by Mukhiya and Panchayat Sachiv in a far flung area which is not suitable for construction of Panchayat Bhawan and on objection being raised by public, an enquiry was ordered by the District Magistrate, Supaul and enquiry made supports the contention of petitioner.

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation which the petitioner shall be filing for redressal of the grievance(s).

State has no objection to the same.

As such, petition is disposed of in the following terms: The petitioner shall file a representation before the authority concerned within a period of four weeks. The concerned respondent is directed to consider and decide such representation expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

Patna High Court CWJC No.3682 of 2021 dt.09-03-2021 3/3 We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing be afforded to the parties. Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits of the case.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.03.2021 Transmission Date NA