Shivaji Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21016 of 2021 ====================================================== Shivaji Ray, Son of Suraj Ray, Resident of Gaytri Nagar, Kurthaul, P.S. Parsa Bazar, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Panchayati Raj, Bihar, Patna. 2.

The Election Commission, Bihar, Patna.

3.

The District Election Officer, Panchayati Raj, District Patna. 4.

The Block Election Officer, Panchayati Raj, Block Phulwarisharif, District Patna.

5.

Geeta Devi, Wife of Shiv Lakhan, Resident of New Etwarpur, P.S. Parsa Bazar, District Patna.

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

For the Petitioner/s :

Mr.P.K. Shahi, Sr. Advocate Mr.Madan Mohan, Advocate For the Respondent/s :

A.C. to A.G.

Mr. Girish Pandey, Advocate Mr. Amit Shrivastava, Advocate Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 01-02-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner is seeking direction to the respondentauthorities to cause an inquiry into execution of Nal-Jal Yojana in Gram Panchayat Raj, Kurthaul and to take action for removal of the Mukhiya of the Gram Panchayat under the provisions of

Patna High Court CWJC No.21016 of 2021(2) dt.01-02-2022 2/2 the Panchayat Raj Act.

It is an admitted fact that the petitioner's request for initiating action against Respondent No.5 for her removal from the post of Mukhiya no more survives, fresh Panchayat general election having already been held.

Mr. P.K. Shahi, learned Senior Counsel appearing on behalf of the petitioner has submitted that at least the Principal Secretary, Panchayati Raj ought to have held an enquiry into the allegations.

In view of the subsequent developments and the fact that the matter was already brought to the notice of the Chief Minister of the State as is evident from the materials on record, we are not inclined to issue any further direction in this matter. The petitioner shall be at liberty to take appropriate steps if any of his grievances survives as the allegations are of the period 2020-2021.

This writ application stands disposed of.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) PNM U