Hari Ballav Pandit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9147 of 2017 =========================================================== Hari Ballav Pandit, son of Late Suk Deo Pandit, Resident of Mohalla- Karharia, Ward No.8, P.S. and Dist- Banka.

.... .... Petitioner/s

Versus

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

2. Secretary, Panchayati Raj Department, State of Bihar, Patna.

3. District Magistrate, Banka.

4. District Panchayati Raj Officer, Banka.

5. Block Development Officer, Bounsi, District- Banka. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Respondent/s : Mr. AJAY-GA5 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-08-2017 Inter alia contending that for appointment of Nyay Mitra in the village in question, the State Government has fixed the age between 25 to 65 years and fixing the age of 65 years is not proper, this application has been filed.

Keeping in view the fact that appointment in question for a scheme to be implemented by the State Government and the discretion taken by the government to fix the particular age keeping in view the requirement of the scheme and in a public interest litigation, we see no reason to take a different view and fix the age as

Patna High Court CWJC No.9147 of 2017 dt.02-08-2017 2/2 prayed for by the petitioner. However, the petitioner is granted liberty to take up the issue before the concerned authorities of the State Government, who shall decide the issue in accordance with law. With the aforesaid, the application stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05/08/2017 Transmission Date NA