Indradeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16379 of 2023 ====================================================== Indradeo Yadav (Male) aged about 64 years, Son of Gaya Yadav, Resident of Village- Kauria, P.S.- Haveli Kharagpur, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Panchayat Raj, Government of Bihar, Patna.

2.

The District Magistrate, Munger.

3.

The District Development Commissioner, Munger. 4.

The District Panchayat Raj Officer, Munger.

5.

The Sub- Divisional Officer, Haveli Kharagpur, Munger. 6.

The Block Development Officer, Haveli Kharagpur, Munger. 7.

The Deputy Collector of Land Reforms, Haveli Kharagpur, Munger. 8.

The Circle Officer, Haveli Kharagpur, Munger. 9.

The Block Panchayat Raj Officer, Haveli Kharagpur, Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abdul Manan Khan, Advocate Mr. Avinava Kumar, Advocate For the State :

Mr. Ajay, GA-5 Mr. Rakesh Kumar Ranjan, AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-01-2024 Heard Mr. Abdul Manan Khan, learned counsel appearing on behalf of the petitioner and Mr. Rakesh Kumar Ranjan, learned AC to learned GA-5 for the State.

2. Learned counsel appearing on behalf of the petitioner has questioned the alleged illegal action of the Block Development Officer, Haveli Kharagpur, who had allegedly, in spite of the report submitted by the Halka Karamchari through the Circle Officer with respect to the Gair Majarua land appertaining to Khata No. 71, Khesra No. 528 measuring 68 decimal situated in headquarter village, namely, Kauria

Patna High Court CWJC No.16379 of 2023(2) dt.08-01-2024 2/2 Panchayat in Block Haveli Kharagpur, District- Munger has proceeded to locate this site for constructing the Panchayat Sarkar Bhawan in place of the headquarter village.

3. The District Magistrate, Munger, is directed to call for the records from the Circle Officer, Haveli Kharagpur, as well as, from the Block Development Officer, Haveli Kharagpur and see that in any manner the Block Development Officer has impeaded the development work with respect to the construction of Panchayat Sarkar Bhawan at the headquarter village. In case, it is found that his action is malafide, he may recommend for appropriate disciplinary action against the Block Development Officer or any of the concerned officer of the Block. Thereafter, the District Magistrate, Munger, must ensure to take appropriate steps to direct the Block Development Officer, Haveli Kharagpur, to proceed with the development work of construction of the Panchayat Sarkar Bhawan at the appropriate site as determined by him in accordance with the circular of the State Government.

4. Accordingly, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U