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Patna High CourtCWJC/40/2025disposed

Ashok Kumar Singh v. The State Of Bihar

2025-01-07Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.40 of 2025 ====================================================== Ashok Kumar Singh son of Late Rama Kant Singh, resident of village and P.O.- Nawada, P.S.- Jalalpur, District - Saran at Chapra. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2.

The Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3.

The District Magistrate, Saran at Chapra, District - Saran at Chapra. 4.

The District Panchayat Raj Officer, Saran at Chapra, District - Saran at Chapra.

5.

The Deputy Development Commissioner, Saran at Chapra District - Saran at Chapra.

6.

The Block Development Officer, Jalalpur, District-Saran at Chapra. 7.

The Circle Officer, Jalalpur, District - Saran at Chapra. 8.

The Mukhiya, Gram Panchayat Raj, Nawada, Block- Jalalpur, DistrictSaran at Chapra. 9.

The Panchayat Secretary, Gram Panchayat Raj, Nawada, Block Jalalpur, District- Saran at Chapra.

10.

Sri Durga Pratap Singh son of not known to the petitioner Contractor for construction of Panchayat Sarkar Bhawan, Gram Panchayat Raj, Nawada through the District Magistrate Saran at Chapra, District-Saran at Chapra ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. S.B.K. Mangalam, Advocate Mr. Awnish Kumar, Advocate For the Respondent/s :

Mr. Yogendra Pd. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-01-2025 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 2.

The present writ petition has been filed for the following reliefs:- (i) For issuance of an appropriate writ in the nature of

Patna High Court CWJC No.40 of 2025(2) dt.07-01-2025 2/3 Mandamus, commanding and directing the respondent nos. 3 to 7 to produce on record the recommendation of Gram Panchayat, the Circle Officer and the final order passed by the respondent no. 3 by which they have decided to construct the Panchayat Sarkar Bhawan of Gram Panchayat Raj, Nawada in Plot Nos. 2258, 2266 and 2268 of Khata No. 884 situated in MauzaNawada, Thana No. 190, Circle- Jalalpur, DistrictSaran at Chapra and on production the same may be quashed by issuance of an appropriate writ in the nature of Certiorari on the ground that the said land in question which is a Gairmazarua Aam land has already been allotted to High School, Nawada by the decision of Gram Sabha and proposal for transfer is pending before the competent authority.

(ii) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authorities for construction of Panchayat Sarkar Bhawan for Gram Panchayat Raj, Nawada in Plot No. 1903 of Khata No. 702, situated in Mauza- Nawada, Thana No. 190 which was selected by Gram Panchayat in 2019 itself and proposal for construction of Panchayat Sarkar Bhawan is pending for consideration by the respondent no. 3 since then. (iii) For issuance of any other appropriate writ / writs, order / orders, direction / directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.

3.

Learned counsel for the petitioner outrightly submits that the detailed application of the petitioner (Annexure P-4/1) is still pending for consideration before the respondent no. 3 (District Magistrate, Saran at Chapra) and respondent no. 3 has not taken any decision with respect to the application of the petitioner as yet.

Patna High Court CWJC No.40 of 2025(2) dt.07-01-2025 3/3 4.

In view of the aforesaid, the respondent no. 3 (District Magistrate, Saran at Chapra) is directed to dispose of the application of the petitioner in accordance with law within a period of four weeks after hearing the petitioner in person. 5.

Accordingly, with the aforesaid direction, the present writ petition stands disposed of.

(Rajesh Kumar Verma, J) Shahnawaz/- U