Kumar Navneet Himanshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14136 of 2024 ====================================================== 1.

Kumar Navneet Himanshu Son of Keshar Das Resident of Vill. and P.O.- Mor, P.S.-Mokama, District-Patna.

2.

Sanju Devi Wife of Ranjeet Kumar Resident of Biscuit Factory More, Near Lalababu Mandir, Nasriganj, Danapur Diara, Patna. 3.

Rehana Praveen Wife of Khalillullah Mansury R/o Mita Singh ke Tola, Ram Nagar, Karari, Kachhar, Patna.

4.

Anita Devi Wife of Ajit Kumar Paswan R/o Near Shiv Mandir, House No. 78, Hinduni Anchal, Phulwarisharaif, Alampur, Gonpura, Patna. 5.

Bibha Kumari Wife of Dasrath Kumar R/o-Dayalpur, Rajpur, Bihta, Patna. 6.

Kumari Stuti D/o Munni Lal Saw R/o 2/42, Gali No.12, Rama Vihar, Near Shakti Model School, Mohdpur Majri, Block-B, Majra, Dabas, Delhi. 7.

Amit Raj Son of Rajan Kumar Bhikhua R/o Chak Pitambarpur, Dumri, Patna.

8.

Deepak Kumar Son of Ashok Manghi R/o Gorgawan Chhoti, Mushari, Patna.

9.

Shiv Kumar Singh S/o Jagdip Yadav R/o Madhwara, Madhwa, Patna. 10.

Asha Devi W/o-Narendra Kumar Anandpur, Patna. 11.

Punam Devi W/o Prashant Kumar Rampur Diara, Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Panchayati Raj Department, Bihar, Patna. 3.

The Commissioner, Patna Division, Patna.

4.

The Director, Panchayati Raj Department, Government of Bihar, Patna. 5.

The Distirct Magistrate, Patna.

6.

The Deputy Development Commissioner-Cum-Chief Executive Officer, Zila Parishad Advisory Committee, Patna.

7.

Anju Kumari W/o Kumar Rajanish R/o Village-Lhladpur, P.O.-Mophanpur, P.S.-Gaurichak, Patna.

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

For the Petitioner/s :

Mr. Sushant Praveer, Adv.

For the Respondent/s :

Mr. Government Pleader 7 For Zila Parishad :

Mr. Suneil Kumar Thakur, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2/4 19-09-2024 Heard the parties.

2. The present writ petition has been preferred for the following reliefs:

"(i). For a direction upon the respondent specially respondent no. 3 to take appropriate action against the Respondent No. 7 in terms of Section 88 of the Bihar Panchayat Raj Act, 2006 read with Rule 8 of the Bihar Panchayat (Inspection of Officers and Inquiry into the Affairs, Supervision and Guidelines) Rules, 2014 for Respondent No.

7 in the functioning of the Zila Parishad, Patna which has been reported to the Respondent no. 6 vide Letter No. 24/2024 datd 05.09.24 issued by the Upadhayksha, Zila Parishad, Patna.

(ii). For a direction upon the respondents to take action against the Respondent No. 7 (Adhyaksha, Zila Parishad, Patna) for not adhering to prescribed under Section 79 of the Bihar Panchayat Raj Act, 2006 in as much as the Adhyaksha without the election of the Standing Committee is disbursing the funds received under 15th finance 2023-24 to only those members who voted for her at the time of election of Adhyaksha and the schemes meant for the area of the petitioners are not being paid any funds for development and

3/4 other activities.

(iii). For a direction upon the respondents specially the respondent no. 3 to take action against the respondent no. 7 for not adhering to the guidelines issued by the Government of Bihar vide Notiofication No.

4959 dated 21.08.20 whereby it has specifically been directed that the meeting of the Members of the Zila Parishad is to be conducted and it should be made sure that all the areas under the zil;a parishad may receive same quantum of funds for their development and other schemes meant for the areas under the Zila Parishad.

(iv). For a direction upon the respondents to take appropriate action against the Respondent No. 7 for the illegal actions whereby even the copy of the budget is not provided to the members of the Parishad nor the proposal of schemes to be implemented in the areas under the Zila Parishad is shown/recommendations are invited from the members and the same is uploaded on the Scheme Portal.

(v). For any other relief as the petitioners are found entitle to."

3. Learned counsel for the petitioner submits that it will suffice if the Divisional Commissioner, Patna look into the

4/4 matter and take decision.

4. Learned State Counsel submits that such option is always available to the petitioner and they should represent afresh.

5. Considering the limited prayer made by the petitioners, the writ petition stands disposed of with liberty to approach the Divisional Commissioner, Patna (respondent no. 3) within four weeks who shall look into the matter and after noticing each and every parties, take a decision expeditiously.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U