Ajmal Sani @ Md. Ajmal Sani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13155 of 2023 ====================================================== Ajmal Sani @ Md. Ajmal Sani son of Md. Jamaluddin, Resident of VillageJal Milik, P.S. Thakurganj, District Kishanganj, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

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

The District Magistrate Kishanganj, Bihar.

4.

The District Panchayati Raj Officer, Kishanganj 5.

The Sub-Divisional Magistrate, Thakurganj, Kishanganj, Bihar. 6.

The Block Development Officer, Thakurganj, Bihar, Patna. 7.

The Block Panchayati Raj Officer-cum-Executive Officer (Panchayat Samiti), Thakurganj, Kishanganj, Bihar.

8.

Dhani Lal Ganesh, S/o Late Ganesh Pramukh, Thakurganj Block, Kishanganj.

9.

Arfin Hussain, S/o Late Maqbool Hurain, Up Pramukh, Thakurganj Block, Kishanganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jawed Gaffar Khan, Advocate Mr. Arun Kumar Prasad, Advocate Mr. Anuj Kumar, Advocate Mr. Aditya Kumar, Advocate Dr. G. Prasad Singh, Advocate For the Respondent/s :

Mr. Prabhat Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-01-2024 Heard Mr. Jawed Gaffar Khan, learned counsel appearing on behalf of the petitioner and Ms. Prabhat Ranjan, learned counsel for the respondent/s.

2. Petitioner has prayed for the following relief(s) in paragraph no. 1 of the writ petition, which inter alia is reproduced hereinafter:

Patna High Court CWJC No.13155 of 2023(2) dt.04-01-2024 2/3 "(i) For quashing the proposal/recommendation dated 30/06/2023 issued by joint signature of Up-Pramukh, Thakurganj Block and Block Panchayat Raj Offier-cumExecutive Officer (Panchayat Samiti), Thakurganj, Kishanganj, by which Work Project (Tied) under BPDP Scheme has been recommended by Panchayat Samiti, Thakurganj, Kishanganj. (ii) For quashing the proposal/recommendation dated 30/06/2023 issued by joined signature of Up-Pramukh, Thakurganj Block and Block Panchayat Raj Officer-cumExecutive Officer (Panchayat Samiti), Thakurganj, Kishanganj, by which work project (United) under BPDP scheme has been recommended by Panchayat Samiti, Thakurganj, Kishanganj. (iii) For directing the Respondent No. 5 & 8 to Act in accordance with the proposal/recommendation dated30/06/23 issued under signature of Pramukh, Thakurganj by which Work Project (Tied and United) were recommended on behalf of Panchayat Samiti, Thakurganj, Kishanganj under the BPDP Scheme.

(iv) For staying the operation of proposal/recommendation dated- 30/06/23 issued by joint signature of Up-Pramukh, Thakurganj Block and Block Panchayat Raj Officer-cum-Executive Officer, (Panchayat Samiti), Thakurganj, Kishanganj till the disposal of present writ application.

(v) For any other reliefs for which the petitioner is entitled in the fact and circumstances of the case."

3. Learned counsel appearing on behalf of the petitioner seeks to file detailed representation before the Principal Secretary, Panchayati Raj Department, questioning the jurisdiction of the Up-Pramukh, Thakurganj, regarding which, he has already filed a representation before the District Magistrate, Kishangan, as well as, the District Panchayati Raj Officer, Kishanganj, however, they have not taken any action on the application made by the petitioner and the relief(s) as prayed for in the present writ petition.

4. The Principal Secretary, Panchayati Raj Department, is directed to dispose of the representation made on

Patna High Court CWJC No.13155 of 2023(2) dt.04-01-2024 3/3 behalf of the petitioner by giving proper opportunity of hearing to the petitioner to place his case and all the parties involved, if required, within a period of six weeks from the date of communication of this order.

5. With above directions, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U