Amresh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.659 of 2015 ======================================================

1. Amresh Kumar Son of Sri Nagendra Singh, Resident of Village - Jalalpur, P.S. - Tekari, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through its the Chief Secretary, Govt. of Bihar, Patna.

2. Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

3. District Magistrate, District - Gaya.

4. The District development Commissioner, Gaya, District - Gaya.

5. District Panchayat Raj Officer, District - Gaya.

6. District Collector Land Reforms Tekari, District - Gaya.

7. Circle Officer, Tekari, District - Gaya.

.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.728 of 2014 ======================================================

1. Arvind Kumar S/O Lalgrij Yadav R/O Village- Jalalpur, P.O. Telhi, P.S. Tikari, District- Gaya, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna

2. Principal Secretary, Panchayati Raj Department, Government Of Bihar, Patna

3. District Magistrate, Gaya

4. District Development Commissioner, Gaya

5. District Panchayati Raj Officer, Gaya

6. District Collector Land Reforms, Tikari, Gaya

7. Circle Officer, Tikari, Gaya .... .... Respondent/s ====================================================== Appearance :

(In CWJC No.659 of 2015) For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Respondent/s : Mr. Syed Arshad Alam, S.C. 3 (In CWJC No.728 of 2014) For the Petitioner/s : Mr. Kumar Kaushik, Adv. For the Respondent/s : Mr. Ashok Kumar Keshari, A.A.G. 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-03-2015 Heard learned counsel for the parties.

The petitioner in C.W.J.C. No. 728 of 2014 has

Patna High Court CWJC No.659 of 2015 (3) dt.18-03-2015 2 / 3 endeavoured to question the decision of the Circle Officer in the matter of construction of Panchayat Bhawan within the Gram Panchayat Raj, Jalalpur in the District of Gaya as reflected from a letter dated 4.9.2012 and earmarks Plot No. 2582 of Khata No. 638 admeasuring 0.56 decimals for such purpose on grounds that a decision was taken in the Gram Sabha on 15.8.2011 for construction of Panchayat Sarkar Bhawan on Plot No. 2865 of the same Khata No. 638 admeasuring 1 acres. It is during the pendency of the said writ petition that a second order has been passed by the Circle Officer, Tekari bearing Memo No. 1058 dated 4.10.2012, a copy of which is placed at Annexure-4 to C.W.J.C. No. 659 of 2015 whereby the Circle Officer while admitting to a typographical error in the order dated 4.9.2012 has mentioned that in terms of the decision of the Gram Sabha the correct plot No. is 2865 and not 2582. It is being aggrieved by such modification in the plot number which has resulted in C.W.J.C. No. 659 of 2015.

Mr. Kumar Kaushik learned counsel for the petitioner in C.W.J.C. No. 728 of 2014 has drawn the attention of this Court towards the Gram Sabha decision dated 15.8.2011 placed at Annexure-3 of the said writ petition to submit that even when the petitioner Amresh Kumar is a party to such decision and yet he questions the correction so made by the Circle Officer.

Patna High Court CWJC No.659 of 2015 (3) dt.18-03-2015 3 / 3 Having heard learned counsel for the parties and taking note of the Gram Sabha decision dated 15.8.2011 placed at Annexure-3 to C.W.J.C. No. 728 of 2014 in which the name of the petitioner Amresh Kumar appears at Serial No. 65 and whereunder it was resolved to construct a Panchayat Sarkar Bhawan on Plot No. 2865 of Khata No. 638 admeasuring 1 acre, I am not persuaded in any manner to interfere with the order dated 4.10.2012 impugned at Annexure-4 to C.W.J.C. No. 659 of 2015 and the two writ petitions are accordingly disposed of.

(Jyoti Saran, J) Bibhash/- U