Patna High Court
Shailendra Kumar Singh vs The State Of Bihar on 28 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.984 of 2021
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1. Shailendra Kumar Singh, Son of Sri Ashok Kumar Singh Resident of
Village- Chakua, Panchayat- Jagdishpur, Block and P.S.- Kutumba, District-
Aurangabad.
2. Rambali Singh, Son of Late Basawan Singh Resident of Village- Chakua,
Panchayat- Jagdishpur, Block and P.S.- Kutumba, District- Aurangabad.
3. Manoj Kumar Singh, Son of Maksudan Singh Resident of Village- Chakua,
Panchayat- Jagdishpur, Block and P.S.- Kutumba, District- Aurangabad.
4. Ashok Kumar Singh, Son of Late Chandradip Singh Resident of Village-
Daswat Bigha, Panchayat- Jagdishpur, Block and P.S.- Kutumba, District-
Aurangabad.
5. Baleshwar Singh, Son of Late Ram Lagan Singh Resident of Village-
Jagdishpur, Panchayat- Jagdishpur, Block and P.S.- Kutumba, District-
Aurangabad.
6. Alakhdeo Prasad Sinha, Son of Late Tulsi Lal Resident of Village-
Jagdishpur, Panchayat- Jagdishpur, Block and P.S.- Kutumba, District-
Aurangabad.
7. Jay Ram Kumar Singh, Son of Late Naresh Singh Resident of Village -Oar.
8. Manoj Pandey, Son of Baleshwar Pandey Resident of Village- Chintawan
Bigha, Panchayat- Jagdishpur, Block and P.S.- Kutumba, District-
Aurangabad.
9. Harihar Mistry, Son of Late Budhan Mistry Resident of Village- Daswat
Bigha, Panchayat- Jagdishpur, Block and P.S.- Kutumba, District-
Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar,
Patna.
2. The Principal Secretary Panchayat Raj Department, Government of Bihar,
Patna.
3. District Magistrate, Aurangabad.
4. District Panchayat Raj Officer Aurangabad.
5. Sub Divisional Officer cum Sub- divisional Public Grievance Cell Officer
Aurangabad.
6. Block Development Officer Kutumba, District- Aurangabad.
7. The Circle Officer Kutumba Circle, District- Aurangabad.
8. Mukhiya Gram Panchayat Jagdishpur Panchayat, Block- Kutumba, District-
Aurangabad.
9. Panchayat Sachiv Gram Panchayat Jagdishpur Panchayat, Block- Kutumba,
District- Aurangabad.
... ... Respondent/s
Patna High Court CWJC No.984 of 2021 dt.28-06-2021
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Jha, Advocate
For the Respondent No. 8 : Mr. Shekhar Singh, Advocate
: Mr. Satyendra Rai, Advocate
: Mr. Sumit Kumar, Advocate
: Mr. Kumar Alok, S.C. 7
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(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 28-06-2021
Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s).
"(i) For issuance of a writ in the nature of
prohibition or any other appropriate writ,
order or direction to the respondents
restraining them from making illegal
construction of Panchayat Sarkar Bhawan of
Jagdishpur Panchayat at an inappropriate and
wrong place at Village Arli violating all the
laws and rules of Bihar Panchayat Raj Act
and the order/direction of the Principal
Secretary, Department of Panchayati Raj,
Government of Bihar issued on 26.02.2019
vide memo no. 2P/Pa So. Bha-09-
10/2017/1436 Panchayat Raj, Patna as
contained in Annexure-1, according to which
vide para 2, a Panchayat Sarkar Bhawan
should be constructed at Head Quarter of the
Panchayat at Jagdishpur only. And vide para
2, it should not be constructed over or near to
any "Pokhar, Talab, Road, Vind, Pind and
Ahar."
"Thus violating all command of laws
anrules of Bihar Panchayat Raj act and
instruction of Principal Secretary, Panchayati
Raj department, the respondents are going to
construct the Panchayat Sarkar Bhawan as
Patna High Court CWJC No.984 of 2021 dt.28-06-2021
per their own suitability and choice, for their
own benefit with obvious reasons, at the
behest of Mukhia, Jagdishpur Panchayat,
who became instrumental in this illegal act
and in most arbitrary manner showing the
village Arti proposal passed by Gram Sabha
dated 2.10.2019 is a fake and fabricated one.
(ii) For issuance of writ in the nature of
Public Interest or any other appropriate
writ(s), order(s), direction(s) particularly in
the nature of mandamus commanding the
respondents to act in accordance with law
and direction of the State government after
venturing for actual "Gram Sabha" in quite
legal manner and then only a proposal should
be considered in view of strict obedience of
law, order and procedure well prescribed
there in.
(iii) And/or pass such other order or orders
as deem fit and proper in the interest of
justice.
After the matter was heard for some time, learned
counsel for the petitioners, under instructions, state that
petitioners shall be content if a direction is issued to the
authority concerned to consider and decide the representation
which the petitioners shall be filing within a period of four
weeks from today for redressal of the grievance(s).
Learned counsel for the respondents states that if such
a representation is filed by the petitioners, the authority
concerned shall consider and dispose it of expeditiously and
preferably within a period of three months from the date of its
filing along with a copy of this order.
Patna High Court CWJC No.984 of 2021 dt.28-06-2021
Statement accepted and taken on record.
As such, petition stands disposed of in the
following terms:-
(a) Petitioners shall approach the authority
concerned within a period of four weeks from today by filing
a representation for redressal of the grievance(s);
(b) The authority concerned shall consider and
dispose it of expeditiously by a reasoned and speaking order
preferably within a period of three months from the date of its
filing along with a copy of this order;
(c) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(d) Equally, liberty is reserved to the petitioners to
take recourse to such alternative remedies as are otherwise
available in accordance with law;
(e) We are hopeful that as and when petitioners take
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch;
(f) Liberty reserved to the petitioners to approach
the Court, if the need so rises subsequently on the same and
Patna High Court CWJC No.984 of 2021 dt.28-06-2021
subsequent cause of action;
(g) We have not expressed any opinion on merits.
All issues are left open;
(h) The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person
i.e. physical mode;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
