Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24468 of 2019 ====================================================== Ashok Kumar Son of late Mathura Prasad, Resident of Village- Uttarnawan, Police Station- Rahui, District- Nalanda.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Nalanda, Distt. Nalanda. 3.

The Deputy Development Officer, Nalanda, Distt. Nalanda. 4.

The Block Development Officer, Rahui, Block, Rahui, Police Station Rahui, District- Nalanda.

5.

The Panchayat Secretary, Uttarnawan Gram Panchayat Raj Block Rahui, Police Station Rahui,Nalanda.

6.

The Block Programme Officer, Maxrega, Rahi, Block, Rahui, Police Station Rahui, Distt. Nalanda.

7.

The Junior Engineer, Block Rahui, Police Station, Rahu, District. Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Advocate For the State :

Mr. Ajay, GA5 with Mr. Pratik Sinha, AC to GA 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-12-2019 Heard learned counsel for the petitioner and learned GA 5 for the State.

2. The petitioner has moved the Court for the following reliefs:

"That this writ petition is being filed on behalf of the petitioner for issuance of an appropriate order/orders, direction/directions writ in the nature of Mandamus

Patna High Court CWJC No.24468 of 2019 dt.09-12-2019 2/3 directing and commanding the respondents to start Development work in Gram Panchayat Raj Uttarnawan Block Rahui Distt. Nalanda and to release the amount after M.B. of work which already completed by the petitioner in said Grant Panchayat Raj because the Block Development Officer (respondent No. 4) and the Panchayat Secretary (Respondent No. 5) along with Juniors Engineer have disturbed to the petitioner for development work in said Gram Panchayat and those Respondents have not released fund and they threatened to implicate in case.

Any further be pleased to grant other reliefs as the petitioner is entitled for."

3. After some arguments, learned counsel for the petitioner submitted that in the matter he has moved before the District Magistrate, Nalanda (respondent no. 2). It was submitted that the same is pending and the Court may direct for its disposal.

4. Learned counsel for the State submitted that the Court may do so giving the officer liberty to go into the merits.

5. Having regard to the aforesaid, the writ application stands disposed off directing the respondent no. 2 to dispose off the representation filed by the petitioner, copy of which is Annexure-9 (page number 37 of the writ petition), if already not disposed off, expeditiously, and latest within a period of one

Patna High Court CWJC No.24468 of 2019 dt.09-12-2019 3/3 month from the date of production of a copy of this order before him.

6. The Court would indicate that it has neither gone into nor expressed any opinion on merits and it shall be open to the respondent no. 2 to do so, in accordance with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U