Baidyanath Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15122 of 2024 ====================================================== 1.

Baidyanath Roy son of Late Lakhan Roy, Resident of Ward No. 8, Gram Panchayat Sripurgahar West, Kamopur Ghat, P.S. Khanpur, DistrictSamastipur. 2.

Shambhu Prasad, son of Ram Dayal Choudhary, Ward No. 10, Gram Panchayat Sripurgahar West, Hansopur, P.S. Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Panchayati Raj Department, Government of Bihar, Patna. 3.

The District Magistrate, Samastipur.

4.

The District Panchayati Raj Officer, Samastipur. 5.

Sri Ramesh Manjhi, the Mukhiya, Gram Panchayat Raj Sripurgahar West, resident of village and P.O.- Hansopur, P.S. Khanpur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Nibash Prasad, Adv.

For the Respondent/s :

Mr. Government Pleader (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-10-2024 Heard the parties.

2. The present writ petition has been preferred for the following relief(s):

That the petitioners pray for issuance of an appropriate order/ direction/ writ preferably in nature of mandamus commanding respondents no. 1 and 2 to consider and take just, speedy and effective action / decision in the matter of the representation of the petitioners contained in Annexure-P-2 sent through the registered post dated 03.01.2024 by which the petitioners have prayed, interalia, for taking cognizance of the complaint of the nine out of total eleven ward members of Sripurgahar West Panchayat, District- Samastipur

Patna High Court CWJC No.15122 of 2024(2) dt.07-10-2024 2/2 -Swastipur dated 13.11.2023 submitted to the District Magistrate, Samastipur contained in Annexure-P-1 whereby instances of commission and omission on the part of mukhiya of the said panchayat attracting the provision of section 18(5) of the Bihar Panchayat Raj Act, 2006 have been pointed out for initiating an appropriate action. The petitioners further pray for any other relief(s) to which the petitioners are found entitled to in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that he will be filing a fresh petition before the respondent no. 2, the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna in next four weeks.

4. In case, such petition is filed, the concerned respondent is duty-bound to take up the matter and dispose it of in accordance with law preferably within a period of four months from the date the copy is received in his office.

5. The writ petition stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U