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Patna High CourtCWJC/16413/2023disposed

Kaniya Abhiyanta Association v. The State Of Bihar

2024-04-20Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16413 of 2023 ====================================================== Kaniya Abhiyanta Association through its Secretary Shri Manoj Kumar, Male Aged About 52 Years S/o Tapeshwar Chandra Singh Registered office at Road No. 6, Deep Nagar, P.O. Jhauganj, P.S. Mehandiganj, Dist. Patna, Bihar - 800008. Presently Residing at Home No. 245, Deep Nagar Road no. 5, P.S. Mehandiganj, Dist. - Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The Additional Secretary-cum-Commissioner, MNREGA, Rural Development Department, Government of Bihar.

4.

State Program Officer, Bihar Rural Development Society, Rural Development Department, Patna, Bihar.

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

For the Petitioner/s :

Mrs.Nivedita Nirvikar, Sr. Adv.

Mrs.Shashi Priya, Adv.

Mr.Arya Achint, Adv.

For the Respondent/s :

Mr.Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That the instant writ application is being filed on behalf of the Petitioner for issuance of appropriate writ/writs, order/orders, direction/directions :- (i) In the nature of Certiorari for setting aside memo no. 670 dated 02.08.2023, issued under the signature of Respondent No. 3 whereby and whereunder the Panchayat Technical Assistants are assigned with the role of taking measurement

Patna High Court CWJC No.16413 of 2023(2) dt.20-04-2024 2/3 and preparing estimate of such works required to be taken under the scheme of Mahatma Gandhi National Rural Guarantee Employment scheme (hereinafter referred to as "MNREGA") and the same is contrary to the letter contained in memo no. 134645 dated 07.01.2013 issued by Rural Development Department, Bihar.

(ii) In the nature of Mandamus directing the respondent authorities to consider the representation of the Petitioner, submitted to the concerned authorities on 13.08.2023."

2. At the outset, the learned senior counsel for the petitioner seeks liberty on behalf of the aggrieved members of the petitioner association to approach the Principal Secretary, Rural Development Department, Government of Bihar, Patna, for redressal of the aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate representation is filed by the aggrieved members of the petitioner association, before the Principal Secretary, Rural Development Department, Government of Bihar, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the

Patna High Court CWJC No.16413 of 2023(2) dt.20-04-2024 3/3 aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U