Patna High Court
Umashankar Ray vs The State Of Bihar on 27 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.421 of 2021
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1. Umashankar Ray S/o Saudagar Ray R/o Bokane Kala, Bokane Kalan, P.s.-
Patahi, East Champaran, Bokane Kala, Bihar-845414
2. Anand Mohan S/o Vakil Puri R/o Bokane Kala, Bokane Kalan, P.S.- Patahi,
East Champaran, Bokane Kala, Bihar-845414
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar
2. The Principal Secretary, Panchayati Raj Departmment, Government of Bihar
3. The District Magistrate, East Champaran, Motihari
4. The Circle Officer, Patahi, East Champaran, Bihar
5. The Block Development Officer, Patahi, East Champaran, Bihar
... ... Respondent/s
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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.)
Appearance :
For the Petitioner/s : Ms.Mayuri, Adv
For the Respondent/s : Mr. Lalit Kishore A.G
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 27-05-2021
Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
"That this is an application on behalf of the
petitioner for issuance of a writ in the nature of
mandamus or any other appropriate writ(s), order(s),
direction(s) to direct the respondent authority to
forthwith stop the construction of the Panchayat Sarkar
Bhawan in Bokane Kala Panchayat, District East
Champaran as it is completely in violation of guidelines
issued on 03.06.2019 and any further construction
would lead to more wastage of the public resources.
(Annexure-1).
Patna High Court CWJC No.421 of 2021 dt.27-05-2021
That this is an application on behalf of the
petitioner for issuance of a writ in the nature of
mandamus or any other appropriate writ(s), order(s),
direction(s) to direct the respondent authority to
forthwith take all necessary immediate steps to ensure
that the Panchayat Sarkar Bhawan is constructed in
accordance with the guidelines framed by the
Department of Panchayati Raj vide Memo dated
03.06.2019.
To issue a writ in the nature of mandamus or
any other appropriate writ(s), order(s), direction(s) to
direct the respondent authority to show cause as to why
despite several protests by the Panchayat Samiti and
villagers proper survey of the land was not done before
commencing the construction of the Panchayat Sarkar
Bhawan.
To issue a writ in the nature of mandamus or
any other appropriate writ(s), order(s), direction(s) to
order the respondent authorities to take essential steps
against the erring office bearers who due to their own
vested interest caused huge loss to the state exchequer.
To issue a writ in the nature of mandamus or
any other appropriate writ(s0, order(s), direction(s) to
order the respondent authorities to ensure that the
Panchayat Sarkar Bhawan is constructed in an area
which fulfills the criteria laid down by the Government."
After the matter was heard for sometime, learned
counsel for the petitioners submit that petitioner shall be content
if a direction is issued to the respondent no. 3 District
Magistrate, East Champaran, Motihari, to consider and
decide the representation with respect to grievances raised in
such representation.
Learned counsel for the respondent states that if such
representation is filed before the respondent no. 3 District
Patna High Court CWJC No.421 of 2021 dt.27-05-2021
Magistrate, East Champaran, Motihari, same shall be
considered and decided within a period of two months from the
date of receipt of such representation in accordance with law.
Equally liberty is reserved to the petitioners to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
Liberty reserved to petitioners to approach the court, if
the need so arises subsequently on the same and subsequent
cause of action.
The writ petition is accordingly, disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29.05.2021
Transmission Date NA
