Shri Jay Bhadra Jha vs The State Of Bihar
2023 Latest Caselaw 3421 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5906 of 2023
     ======================================================

1. Shri Jay Bhadra Jha Son of Baldev Jha, Resident of Ward no. 08, Anchal -

Pratapganj, Govindpur, P.S. - Pratapganj, District - Supaul, Bihar.

2. Nav Sundar Mishra, Son of Late Chichan Mishra, Resident of Ward no. 07, Gobindpur, P.S. - Pratapganj, District - Supaul, Bihar.

3. Madhyanand Jha, Son of Kumudanand Jha, Resident of Village - Ward no.

05, Govindpur, P.S. - Pratapganj, District - Supaul, Bihar.

4. Niranjan Kumar Jha, Son of Ashwini Jha, Resident of ward no. 08, Govindpur, P.S. - Pratapganj, District - Supaul, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary Panchayati Raj, Department, Government of Bihar, Patna.

2. The District Magistrate, Supaul.

3. The District Panchayat Raj, Officer, Supaul.

4. The District Development Commissioner, Supaul.

5. The Sub-Divisional Officer, Birpur, Supaul.

6. The Block Development Officer, Pratapganj, Supaul.

7. The Circle Officer, Pratapganj, Supaul.

8. The Block Panchayati Raj Officer, Pratapganj, Supaul.

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

     For the Petitioner/s   :      Mr. Rajesh Kumar, Advocate
     For the Respondent/s   :      Mr. Ajay (GA5)

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 01-08-2023

1. The petitioners are before this Court alleging

that the construction of a Panchayat Sarkar Bhawan in

Supaul is against the guidelines issued for such

constructions and it is now located near the house of the Patna High Court CWJC No.5906 of 2023 dt.01-08-2023

Mukhiya. The petitioners also rely on Annexure-3, a

judgment of this Court in a public interest litigation, and the

directions issued by the District Magistrate as per

Annexure-1. It is asserted that the construction, which is the

subject matter of this writ petition, is violative of Annexure

-1.

2. Admittedly the very same cause was agitated in

a public interest litigation filed as early as in 2020, as

revealed from Annexure-3. The writ petition was disposed

on 22.06.2021 directing the petitioner therein to approach

the appropriate authority.

3. The villagers, according to the petitioners

herein, approached the authority by Annexure-4

representation, which does not bear a date. Annexure-5 is a

report of the Circle Inspector dated 14.07.2017. It is also

stated that the person, who is said to be using the alleged

construction, as a house, is the former Mukhiya who has

been referred to in the earlier part of the memorandum as

the Mukhiya of the Gram Panchayat.

4. Obviously, the writ petition is filed on the very

same grounds on which an earlier writ petition was filed, in Patna High Court CWJC No.5906 of 2023 dt.01-08-2023

which a direction was issued to approach the appropriate

authority with a representation which was also directed to

be disposed of. If the directions were not complied with,

definitely, the petitioners therein or any of the residents of

the locality, especially the writ petition being a public

interest litigation, could have approached this Court with a

Contempt of Court case. None was filed in the ensuing

years. Again, a writ petition is filed in the year 2023, almost

after two years, for the very same reliefs. Obviously, the

construction would have been proceeded with and at this

stage there is absolutely no cause for invoking the

extraordinary jurisdiction under Article 226 of the

Constitution of India.

5. It is also relevant that the Mukhiya/ outgoing

Mukhiya who has been accused of illegally choosing the

location near his house for the construction of a Panchayat

Bhawan has not been impleaded in the present case. We

also see that there is a grievance raised with respect to the

conduct of the Aam Sabha, which again would have to be

agitated before the appropriate authorities.

6. We find absolutely no reason to invoke the Patna High Court CWJC No.5906 of 2023 dt.01-08-2023

extraordinary jurisdiction under Article 226 of the

Constitution of India to interfere with the matters, which

have been agitated in the writ petition. The writ petition

would stand dismissed.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) Sunil/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          07.08.2023
Transmission Date