Seema Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13436 of 2025 ====================================================== Seema Kumari W/o Sanjeev Raj, Resident of Ward No. 07, Bhagwatipur, P.S.- Singhwara, Dist.- Darbhanga, Bihar.

... ... Petitioner/s

Versus

1.

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

2.

The Accountant General (Audit), Bihar.

3.

The Divisional Commissioner-Cum-Lok Prahari, Darbhanga Division, Darbhanga.

4.

The Collector Cum District Magistrate, Darbhanga. 5.

The Zila Parishad, Darbhanga, through its Chief Executive Officer. 6.

The Chairman, Zila Parishad, Darbhanga.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 12916 of 2025 ====================================================== Seema Kumari W/o Sanjeev Raj, Resident of Ward No. 07, Bhagwatipur, P.S.- Singhwara, Dist- Darbhanga, Bihar.

... ... Petitioner/s

Versus

1.

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

2.

The Accountant General (Audit), Bihar.

3.

The Divisional Commissioner-cum-Lok Prahari, Darbhanga Division, Darbhanga.

4.

The Collector cum District Magistrate, Darbhanga. 5.

The Zila Parishad, Darbhanga, through its Chairperson. ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 13436 of 2025) For the Petitioner/s :

Mr. Kumar Harsh Vardhan, Adv.

:

Mr. Sudhanshu Prakash, Adv.

For Zila Parishad :

Mr. Vivek Prasad, Adv.

For Accountant General :

Mr. Vivekanand Kumar, Adv.

For the Respondent/s :

Mr. Kumar Alok, Standing Counsel (7) :

Mr. Prem Ranjan Raj, AC to SC7 (In Civil Writ Jurisdiction Case No. 12916 of 2025) For the Petitioner/s :

Mr. Sudhanshu Prakash, Adv.

For Accountant General :

Mr. Vivekanand Kumar, Adv.

For the Respondent/s :

Government Pleader (3)

2/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 04-11-2025 Civil Writ Jurisdiction Case No.13436 of 2025 Learned counsel for the petitioner submits that pursuant to the representation given by the petitioner, the respondent No. 3 herein (i.e., The Divisional CommissionerCum-Lok Prahari, Darbhanga Division, Darbhanga) has taken cognizance of the same. Learned counsel submits that it would suffice for the present if a direction is given to the respondent No. 3 herein to dispose of the said representation by fixing a time-frame.

2. Learned counsel appearing on behalf of the respondent-Zila Parishad submits that a direction may be given to the respondent No. 3 to dispose of the said representation strictly in accordance with law. Learned counsel further submits that the petitioner is also having an alternative and efficacious remedy under Section 152(v) read with proviso to Section 70(5) of the Bihar Panchayat Raj Act, 2006 before the same authority.

3. Having regard to the same, without going into the merits or demerits of the case, the present writ petition is disposed of directing the respondent no. 3 herein to consider the representation made by the petitioner strictly in accordance with law as expeditiously as possible preferably within a period of

3/4 eight weeks from the date of receipt of a copy of this order. Any orders passed shall be communicated to the parties.

4. With the above direction, the present writ petition stands disposed of.

Civil Writ Jurisdiction Case No. 12916 of 2025 Learned counsel appearing on behalf of the petitioner submits that pursuant to the representation given by the petitioner to the Collector cum District Magistrate, Darbhanga (i.e., the respondent No. 4 herein). The respondent No. 4 has sent a report to the Divisional Commissioner (i.e., respondent No. 3 herein). Learned counsel submits that it would suffice for the present if a direction is given to the respondent No. 3 herein to pass necessary orders on the representation made by the petitioner along with the report of the Collector by fixing a time-frame.

2. Learned counsel appearing on behalf of the respondent-State submits that he has no objection if a direction is given to the respondent No. 3 herein to consider the said representation strictly in accordance with law.

3. Having regard to the same without going the merits or demerits of the case, the present writ petition is disposed of directing the respondent No. 3 herein to consider the

4/4 said representation duly taking into consideration the report if any filed by the District Magistrate (i.e., the respondent No. 4 herein) as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. Any orders passed shall be communicated to the parties.

4. With the above direction, the present writ petitions stand disposed of.

(A. Abhishek Reddy, J) Ayush/- U