Citation : 2021 Latest Caselaw 3344 Patna
Judgement Date : 13 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7527 of 2021
======================================================
Ram Ratan Singh Son of Late Binda Singh, Resident of Village - Chainpura,
Post Office - Warsaliganj, Police Station- Warsaliganj, District - Nawadah.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Department of Urban
Development, Government of Bihar, Patna.
2. The Divisional Commissioner, Magadh Division, Gaya.
3. The District Magistrate, Nawadah.
4. The Block Development Officer, Warsaliganj.
5. The State Election Commissioner (Panchayat), Bihar, Patna through its
Secretary.
6. The Election Commissioner, State Election Commission, Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Respondent/s : Mr. Ajay, GA 5
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)
Date : 13-07-2021 Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
"1. That the instant writ petition by way of Public Interest Litigation has been filed for a direction upon the Respondents concerned to dispose of the pending objection filed on behalf of common villagers of Chainpua, Vijay Nagar, Begrajpur which is under Gram Panchayat Raj, Dosut and mostly villagers are poor farmers and labours having no connection with local Warsaliganj Bazar area where business Patna High Court CWJC No.7527 of 2021 dt.13-07-2021
activities are being done and these villages are situated about 4 K.M. far away from the Warsaliganj Nagar Panchayat which is being upgraded as Nagar Parishad and these villages which are part of Dosut Gram Panchayat are included under the proposal of Warsaliganj Nagar Parishad without following norms provided under Sections 3, 4 and 5 of Bihar Municipal Act as neither any publication of declaration has been pasted at conspicuous place nor the same was published in local newspaper rather on the basis of table report submitted by the District level officials decision has been taken that Chainpur Begrajpur village is included in Nagar Parishad, Warsaliganj, then common villagers submitted their objection by public petition expressing their wishes that they are not willing to be included under Nagar Parishad rather they want to remain under Dosut Gram Panchayat in which they are since back long and entire action has been taken at behest of some influential persons who are aspirant for contesting in, Panchyat election ousting these villagers from Dosut Gram Panchayat so that they may easily succeeded in Gram Panchayat Election. Any other order/orders for granting any other relief/reliefs for which petitioner is found entitled to in the facts and circumstances of the case."
After some argument, learned counsel for the petitioner
seeks permission to withdraw this writ petition with liberty to
challenge the subsequent action /events taken place after filing
of the writ petition.
Liberty is granted.
Accordingly, this writ application is disposed of as
withdrawn with the aforesaid liberty granted to the petitioner.
(Sanjay Karol, CJ)
( S. Kumar, J) Sanjay/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 16.07.2021 Transmission Date NA
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