Surendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1110 of 2019 ====================================================== Surendra Das, S/o Ram Swarup Das, R/o Ward No. 11, Hanuman Nagar, PostUdaypur, Mohiuddinnagar, P.S. Rosera, District - Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar through its Principle Secretary, Rural Development Department, Government of Bihar, Patna.

2. The District Magistrate, Samastipur.

3. The Deputy Development Commissioner, Samastipur.

4. The District Panchayati Raj Officer, Samastipur.

5. The Sub Divisional Officer, Rosera, District-Samastipur.

6. The Deputy Collector, Land Reforms, Rosera, District - Samastipur.

7. The Block Development Officer, Rosera, District - Samastipur. The Circle Officer, Rosera, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagdhar Prasad For the Respondent/s :

Mr. P.N.Shahi -AAG6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 15-01-2019 Heard learned counsel for the parties.

The grievance raised through this writ petition filed in public interest is that although a Panchayat Bhawan is sanctioned by the authorities concerned in Mohiddin Nagar, East, Rosera in the District of Samastipur, but the construction is being carried out in the area of Mohiddin Nagar, West, Rosera, where there is already an Utkramit Vidhaylay with an open land which is used by the villagers of Mohiddin Nagar as a play ground or for other purposes.

Patna High Court CWJC No.1110 of 2019(2) dt.15-01-2019 2/2 The learned counsel for the petitioner submits that the writ petitioner does not object to the construction of the Panchayat Bhawan save and except that since it has been sanctioned for the residents in Mohiddin Nagar, East, Rosera, it needs to be carried out in the same locality and now, over a piece of land, which comes under the jurisdiction of Mohiddin Nagar, West, as detailed in the representation on record, Annexure-4, which is addressed to the Collector, Samastipur. In the nature of grievance raised, instead of awaiting counter affidavit, we deem it proper to direct the District Magistrate-cum-Collector, Samastipur to examine the grievance of the petitioner and pass a speaking order in accordance with law within a period of three months on receipt/production of a copy of this order.

The writ petition is disposed of with the direction, as above.

(Jyoti Saran, J) ( Arvind Srivastava, J) Shailendra/- U