Sachidanand Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2738 of 2015 ======================================================

1. Sachidanand Yadav Son of Late Shiv Prasad Yadav, resident of villageKathara, P.S.- Katoria, District- Banka .... .... Petitioner/s

Versus

1. The State of Bihar through the Director cum Commissioner, Panchayat Raj Government of Bihar, Patna

2. The District Magistrate, Banka

3. The District Panchayat Officer, Banka

4. The Deputy Collector Land Reforms, Banka

5. Block Development Officer, Katoria, District- Banka

6. The Circle Officer, Katoria, District- Banka .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Kumar, Adv. For the Respondent/s : Mr. Manoj Kr. Ambastha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-09-2015 Heard Mr. Bharat Lal learned counsel for the petitioner and learned counsel for the State.

The petitioner has chosen to question the notice dated 27.7.2014 whereby the headquarters of Gram Panchayat Basmatta Block Katoria in the district of Banka has been removed from village Phattapathar and fixed at village Basmatta. It is the grievance of the petitioner that although 80% of the population of the Gram Panchayat in question are residents on the Western side of river Chandan but the headquarters of Panchayat has been fixed on the Eastern side of the river where only 20% of the population resides. The petitioner has questioned the shifting of the

Patna High Court CWJC No.2738 of 2015 (2) dt.28-09-2015 2/2 headquarter from village Phattapathar to village Basmatta. A counter affidavit has been filed on behalf of the State and which is self ex-explanatory. The notice present at Annexure-2 shows that in term of the Circular of the Rural Development Department of the Government of Bihar the headquarters of Panchayat is to be determined on the basis of the population of the concerned village with a preference to a village where majority of the population belongs to the weaker sections. With reference to the notice impugned it is argued by learned State counsel that in so far as village Basmatta is concerned, not only the population is higher than that of village Fattapathar but even the population of the members of the weaker sections exceeds village Fattapathar and thus it is in view of the circular of the State Government that a decision to such effect has been taken.

Considering the discussions so made in the counter affidavit as well as the reasons assigned for shifting of the head quarters no case for indulgence is made out. The writ petition is disposed of. (Jyoti Saran, J) Bibhash/- U