Manoj Kumar Yadav vs Ramvati Devi
2021 Latest Caselaw 3622 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Letters Patent Appeal No.76 of 2020
                                             In
                    Civil Writ Jurisdiction Case No.24108 of 2019
     ======================================================

Manoj Kumar Yadav son of Shatrohan Rai, resident of village- Kochwara, P.S. Dariyapur, District- Saran at Chapra.

... ... Appellant/s Versus

1. Ramvati Devi wife of Sri Mainejar Singh, resident of village- Jalapur, P.O.

Bela, P.S.- Dariyapur, District- Saran at Chapra.

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

3. The Principal Secretary, Panchayati Raj Development, Govt. of Bihar, Patna.

4. The Director, Panchayati Raj Department, Govt. of Bihar, Patna.

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

6. The Sub-Divisional Officer, Sonepur, District- Saran at Chapra.

7. The Block Development Officer-Cum- Executive Officer, Block Panchayat Samiti, Dariyapur, District- Saran at Chapra.

8. Manorama Yadav, wife of not known to the petitioner Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

9. Vinita Devi, wife of not known to the petitioner Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

10. Shail Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

11. Mutizan Bibi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

12. Veena Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

13. Sunita Yadav, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

14. Manju Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra. Patna High Court L.P.A No.76 of 2020 dt.22-07-2021

15. Sunil Chaudhary, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

16. Sanjeev Kumar Gupta, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

17. Rita Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

18. Renu Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

19. Nand Kishore Singh, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

20. Nasima Khatoon, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

21. Gayanti Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

22. Brajesh Prasad Yadav, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

23. Rakesh Kumar, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

24. Baban Kumar, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

25. Malti Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

26. Mamta Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Patna High Court L.P.A No.76 of 2020 dt.22-07-2021

Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

27. Rambabu Rai, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

28. Champa Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

29. Harendra Rai, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

30. Anil Kumar Manjhi, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

31. Imteyaz Khan, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

32. Rina Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

33. Usha Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

34. Rubi Kumari, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

35. Ganesh Das, son of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

36. Riju Chaudhary, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

37. Babita Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

38. Sumitra Devi, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through Patna High Court L.P.A No.76 of 2020 dt.22-07-2021

the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

39. Sushila Gupta, wife of not known to the petitioner, Respondent is the Panchayat Samiti Member of Block Panchayat Samiti, Dariyapur through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Dariyapur, P.O. and P.S. Dariyapur, District- Saran at Chapra.

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

       For the Appellant/s       :        Mr.Sanjay Kumar, Advocate
       For the Respondent/s      :        Mr.Pushkar Narain Shahi (AAG-6)

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 22-07-2021

Heard learned counsel for the parties.

Petitioner has prayed for following relief(s):-

"That the present memo of appeal is being filed against the order dated 06.12.2019 in C.W.J.C. No. 24108 of 2019 by Hon'ble Mr. Justice Ahsanuddin Amanullah by which order has been passed that the special meeting was to be convened on 09.12.2019 shall not be given effect and the meeting shall not be held. However, the order has been passed without considering the law of the Bihar Panchayati Raj Act and the said order has been passed as like final order and further nothing remains to be decided in the present writ petition, hence the present memo of appeal."

Learned counsel for the petitioner seeks permission

to withdraw this petition.

Patna High Court L.P.A No.76 of 2020 dt.22-07-2021

Permission is granted.

This petition is dismissed as withdrawn.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/-

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