Dharmandra Kumar Jha vs The State Of Bihar
2023 Latest Caselaw 5801 Patna

Patna High Court

Dharmandra Kumar Jha vs The State Of Bihar on 4 December, 2023

Author: Harish Kumar

Bench: Harish Kumar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13929 of 2023
     ======================================================
1.    Dharmandra Kumar Jha, Son of Sri Madhu Kant Jha, Resident of Village-
      Jadupatti, P.O. Jadupatti, P.S. Ghanshyampur, District- Darbhanga.
2.   Dhirendra Mishra, Son of Late Kedar Mishra, Resident of Village- Bansara,
     P.O. Pacharhi, P.S. Raiyam, District- Darbhanga.
                                                               ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Additional Chief Secretary, Panchayati Raj Department, Government of
     Bihar, Patna.
3.   The Principal Secretary, General Administration Department, Government
     of Bihar, Patna.
4.   The Divisional Commissioner, Darbhanga.
5.   The District Magistrate, Darbhanga, District- Darbhanga.
6.   Smt. Renu Devi, Wife of Shiv Narayan Yadav, Presently Chairman, Zila
     Parishad, Darbhanga, P.O., P.S. and District- Darbhanga.
7.   Smt. Lalita Jha, Wife of Sri Alok Kumar Jha, Presently Vice Chairman, Zila
     Parishad, Darbhanga, P.O., P.S. and District- Darbhanga.
8.   Smt. Pratibha Rani, Wife of not known to the petitioners, Presently posted as
     Deputy Development Commissioner -cum- Chief Executive Officer, Zila
     Parishad, Darbhanga, District- Darbhanga.
9.    The District Panchayat Raj Officer, Darbhanga -cum- Additional Chief
      Executive Officer, Zila Parishad, Darbhanga, District- Darbhanga.
                                                                ... ... Respondent/s
     ======================================================
     For the Petitioner/s     :      Mr. S. B. K. Mangalam, Advocate
                                     Mr. Awnish Kumar, Advocate
     For the Respondent/s     :      Mr. Kameshwar Prasad Gupta, GP -10
                                     Mr. Satya Vrat, AC to GP-10
     For Respondent Nos. 6 & 7:      Mr. Y.V. Giri, Sr. Advocate
                                     Mr. Devashish Giri, Advocate
     For Respondent Nos. 8 & 9:      Mr. Vivek Prasad, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT

Date : 04-12-2023

Heard Mr. S. B. K. Mangalam, learned counsel

appearing on behalf of the petitioners, Mr. Y.V. Giri, learned

senior counsel, duly assisted by Mr. Devashish Giri, learned

counsel for respondent nos. 6 and 7 and Mr. Vivek Prasad, Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

learned counsel representing the respondent nos. 8 and 9. The

State is represented by Mr. Satya Vrat, learned AC to GP-

2. The petitioners, who are elected members of

Zila Parishad, Darbhanga, have filed the present writ petition

invoking the prerogative writ jurisdiction of this Court under

Article 226 of the Constitution of India seeking the following

reliefs:

"(I) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent nos. 1 to 3 to take suitable disciplinary and penal action against the Respondent nos. 6 to 9 for misappropriation and illegal withdrawal of money from Zila Parishad fund without any budgetary provision as contemplated under Section 84 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Gram Panchayat Act.) (II) For a declaration that in view of the provision contained under Section 2 (a)

(n) read with Section 81 and 84 of the Gram Panchayat Act and the provisions contained under Article 243(d) of the Constitution of India any withdrawal from the funds of Zila Parishad without sanction of Zila Parishad through the budgetary provision by the Respondent nos. 6 to 8 would amount to misappropriation of Zila Parishad fund and, therefore, appropriate penal action has to be Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

taken against them by the Respondent nos. 1, 2 and 3 not only for misappropriation of funds of Zila Parishad but also for misuse of power by them when they have no power for withdrawal of any amount without the sanction of Zila Parishad.

(III) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners would be found entitled under the facts and circumstances of the case."

3. Learned counsel for the petitioners, while

highlighting the aim and object of 73rd Constitutional

Amendment, 1992 by which Chapter IX (Panchayat) was

inserted in the constitution and after 73 rd Constitutional

amendment the Gram Panchayats were given the status of

constitutional democratic at the grass root level, submitted that

under Section 62(1) of Gram Panchayat Act provisions were

made for establishment of Zila Parishad and under Sub-Section

2 of Section 62, every Zila Parishad was conferred the status of

body corporate by the name of its Zila Parishad with perpetual

succession and common seal and signature, shall consist of the

members enumerated under Section 63 of the Act. He further by

referring to Section 81 of the Gram Panchayat Act submits that

the provision has been made for constitution of Zila Parishad

fund in the name of Zila Parishad, which are consisting of all Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

the contributions and grants, fees, fines and all the sums

received by or on behalf of the Zila Parishad as enumerated

therein. Section 84 of the Gram Panchayat Act provides for

Budget of Zila Parishad, which contemplates that Zila Parishad

shall at such time and in such manner, as may be prescribed,

prepare in each year a budget of its estimated receipts and

disbursement for the following year and the same will be passed

by the majority of the members present in the meeting and

quorum for such meeting was not less than 50% of the total

numbers of the members.

4. After highlighting the various relevant

provisions, inter alia, noted hereinabove, it is submitted that the

Zila Parishad, Darbhanga has been constituted by general

Panchayat Election 2021 and after receiving the return after

2021 Election from its different territorial constituency, the

respondent no.6 was elected as the Chairman of the Zila

Parishad and respondent no. 7 as the Vice-Chairman. Despite

the constitution of the Zila Parishad w.e.f. 03.01.2022 two

financial years have gone i.e.2022-23 and 2023-24, however, till

date no budget has been prepared for the Zila Parishad, though

crores of money has been withdrawn by respondent nos. 6 and 8

and spent without there being any budgetary provision and Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

sanction of Zila Parishad is per se illegal, resulted into financial

anarchy.

5. Mr. Mangalam next submits that it is the high

time that the State Government would raise to occasion to

consider the complaint of the aggrieved members of the Zila

Parishad, if they have brought it to the notice of the State

Government that serious financial irregularities are being

committed by the respondent nos. 6 and 8 but it is unfortunate

that despite the representation filed by the petitioners pointedly

highlighting the fact that any expenditure from the Zila Parishad

fund without any budget for 2020-21 to 2023-24 would nothing,

but misappropriation of public money, however the serious issue

has neither been taken up by the State Government nor it was

made an agenda for the Zila Parishad. He further submits that

despite the undertaking given by respondent no.6 in the

proceeding dated 07.11.2022 that she would convene a Special

Meeting of Zila Parishad for sanction of supplementary budget

for the financial year 2021-22 and for consideration of budget of

financial year 2022-23 neither any special meeting has been

convened for sanction of budget for financial year 2022-23 nor

any supplementary budget for the financial year 2021-22 has

been placed in any meeting of the Zila Parishad for its approval. Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

However, without there being any provision in the budget in the

meeting dated 11.09.2023, the respondent no.8 had placed

before the Zila Parishad long list of schemes, which the

respondent nos. 6 and 8 have sanctioned for different territorial

constituencies under Darbhanga Zila Parishad, as per their

whims and fancies and further pressure was created upon the

members of the Zila Parishad to accept the list so that the

scheme can be implemented in absence of any budgetary

provision and without preparation of any detailed project report

by the District Planning Committee.

6. It is pointed out that the schemes mentioned in

the list produced by respondent nos. 6 and 8 have never been

sanctioned by the Zila Parishad, yet the list was prepared with

the estimated cost, but admittedly without any project report.

The petitioners further drawing the attention of this Court to the

constitution of Bihar District Planning Committee and Conduct

of Business Rules, 2006 have submitted that the Rules envisages

therein that it is the Committee, who has to finalize the draft

development plan for the district that the functionaries under the

Rules would proceed with the schemes, falling in their

jurisdiction for its completion for expanding the fund, but up till

now no District Planning Committee has been constituted for Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

the district of Darbhanga, yet the funds of Zila Parishad are

being spent by the Executive Officer in connivance with the

elected Chairperson of local bodies and few members.

7. Mr. Mangalam, learned counsel for the

petitioners submitted that discrimination has been caused in

sanctioning the schemes for territorial constituencies. Since the

power for selection for schemes for whole district has been

vested in the District Planning Committee and it is only after the

District Planning Committee, who is the final authority to

prepare the list of the schemes for development of the district

and after being adopted by the District Panchayat Planning

Committee and the Zila Parishad it can be uploaded on the

portal of Zila Parishad and can be executed. Thus, the list of the

schemes produced by respondent nos. 6 and 8 in the meeting of

Zila Parishad dated 11.09.2023 ought to be turned down. The

withdrawal from the funds of Zila Parishad, Darbhanga by such

an authorized manner is misappropriation of public money, for

which they are liable to be prosecuted and also deserve

departmental action, including removal of respondent nos. 6 and

7 from the post under Section 70(5) of the Bihar Panchayat Raj

Act, 2006.

8. The petitioners have also filed interlocutory Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

applications bearing I.A. No. 1 of 2023 and I.A. 2 of 2023

seeking quashing of the notice dated 16.09.2023, issued under

the signature of respondent no.8, contained in Memo No. 790

dated 16.09.2023 whereby the respondent no.8 has been pleased

to issue notice to the members of Zila Parishad for their

participation in the meeting of Zila Parishad scheduled to be

held on 27.09.2023 on the ground that the last meeting for

consideration of the same agenda was placed for consideration

by the Zila Parishad on 11.09.2023 and in view of the provisions

contained under Rule 37(1)(iii) and (iv) of Bihar Panchayat Raj

Institutions (Conduct of Business) Rules, 2015 (hereinafter

referred to as 'the Rules, 2015'), such agenda cannot be again

placed before the Zila Parishad for consideration before the

expiry of three months from the last meeting of Zila Parishad, in

which those agendas are placed for consideration by Zila

Parishad. The petitioners also sought a direction upon the

respondent no.8 to produced on record the proceeding of the

meeting dated 27.09.2023 of Zila Parishad, Darbhanga in which

the 297 schemes were placed for consideration and on

production, the same may be quashed.

9. Per contra, Mr. Y.V. Giri, learned senior

counsel representing the respondent nos. 6 and 7 while refuting Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

the contention of the petitioners primarily submitted that the

present writ petition is not at all maintainable and the petitioners

have no locus standi, as they have filed the writ petition in

individual capacity when they are themselves an elected

member of the Zila Parishad, Darbhanga. Moreover, the present

writ application is nothing, but filed in the garb of Public

Interest Litigation. He further submits that the Zila Parishad is a

body corporate vested with the capacity of suing or being sued

in its corporate name, but the petitioners have not made Zila

Parishad, Darbhanga as a party respondents in the present case,

due to which the writ petition is liable to be dismissed. Further

submission has been made that the petitioners being the elected

members and authority of Zila Parishad, they are certainly

raised their grievance in connection with the Act and Rule, but

not to invoke the prerogative writ jurisdiction of the writ court

for regulating the internal administration of the Zila Parishad,

which is not open for judicial review. All the more, they have

alternative remedy, as provided under Sections 70 as well as

Section 154 of the Bihar Panchayat Raj Act, 2006 (hereinafter

referred to as 'the Act, 2006').

10. While responding to the submissions made

on behalf of the petitioners, he submits that as per Section 88(3) Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

of the Act, 2006, the Chief Accounts Officer is responsible for

all matters relating to the accounts of the Zila Parishad including

preparation of annual accounts and the budget. However, till

date no Chief Accounts Officer has been appointed by the

Government in any Zila Parishad across the districts of Bihar,

including Zila Parishad, Darbhanga. Thus, in absence of the

Chief Accounts Officer, the respondent nos. 6 and 7 cannot be

blamed for preparing the budget of Zila Parishad. He further

drew the provisions of Section 88(4) of the Act, 2006 and with

reference thereto he submits that from bare reading of Section

88(4) of the Act, 2006 becomes clear that the word "or" in the

last line of Clause (4) has been used in a disjunctive manner

which shows that there are two ways in which expenditure may

be incurred by the Zila Parishad; first is the type of expenditure,

which is warranted by the Act, Rules and Regulation; second is

the expenditure for which a provision is required to be made in

the budget. The Zila Parishad, Darbhanga has three main

sources through which it receives fund (i) Union Finance

Commission, (ii) State Finance Commission and (iii) own

source revenue. Both the aforementioned funds received from

the Union Government and the State Government have to be

spent by the Zila Parishad in the manner as prescribed by the Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

guidelines issued from the department of Central and State

Government, which allocates the funds by different types and

categories of schemes.

11. In order to buttress this submission, certain

letters issued by the Monitoring Officer, Panchayati Raj

Department, Government of Bihar as well as letter of Additional

Chief Secretary, Panchayati Raj Department, Government of

Bihar, have been brought on record. He further submits that so

far the withdrawal of money by the respondent nos. 6 and 8 and

its expenditure without sanction of Zila Parishad is concerned, it

is the fact that no money has been withdrawn or spent by

respondent no.6 and 8 for the schemes of Union Finance

Commission and State Finance Commission without the

sanction of the Zila Parishad. All the funds for the schemes have

been allocated and spent after obtaining the sanction of Zila

Parishad by convening meeting each time. For allocation of

funds of Union Finance Commission for the financial year

2020-21 and 2021-22, the supplementary list of schemes was

approved by the Zila Parishad, Darbhanga in the meeting held

on 11.09.2023. He further submits that similarly for the financial

year 2022-23 and financial year 2023-24, the list of scheme was

approved by the sanction of Zila Parishad, Darbhanga in the Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

meeting held on 09.02.2022 and 27.09.2023 respectively. He

next submitted that in fact no representation has ever been

received by the respondent no.6 from the petitioner no.2 and the

submission made on behalf of the petitioners that they had

raised the issue of preparation of budget in the meeting of Zila

Parishad held on 03.06.2023 is manifestly false. In the said

representation, there is only information regarding budget and

allocation of fund. Had the petitioner no.2 was genuinely

entrusted to issue the budget in the list, he would have given a

notice of a special meeting along with other members to discuss

the issue of budget, but no such special meeting was requested

to be called for.

12. Learned senior counsel, Mr. Giri, while

referring to the correspondences and letters/representations of

the petitioners has demonstrated that the petitioners were never

interested in budget of Zila Parishad, but in fact the

representation dated 08.09.2023 was ploy at the hands of the

petitioners, who wanted only to disrupt the meeting of Zila

Parishad on 11.09.2023. The conduct of the petitioners speak

volume, as since 2021, the petitioners had never raised any

query regarding the budget, but just three days before the

meeting the petitioner no.2 gave a representation to disrupt the Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

proceeding of the meeting dated 11.09.2023 in order to make a

cause of action for filing the present writ petition on 13.09.2023.

Mr. Giri while responding the issue raised by the petitioners,

with respect to sanctioning of schemes in absence of preparation

of detailed project report by the District Planning Committee,

has submitted that the Government has not constituted a District

Planning Committee in any district across the Bihar, including

Zila Parishad, Darbhanga, and moreover as per Section 167 of

the Act, 2006, it is the Government to constitute in every district

a District Planning Committee to consolidate the plans prepared

by the Panchayats and Municipalities in the district and to

prepare a draft development plan for the district as a whole. He

further reiterated that so far the funds under Union Finance

Commission and State Finance Commission are concerned,

those are exclusively for the Zila Parishad, for which guidelines

are also issued by the Government delineating the manner and

schemes, in which the funds are to be utilized, thus the schemes

under Union Finance Commission and State Finance

Commission, no preparation of such schemes by the District

Planning Committee is required. He lastly submitted that the

petitioners and few of the members are only interested to stall

the welfare and development works for their ulterior motive to Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

somehow getting huge funds for their constituencies and create

pressure on respondent nos. 6 and 7, for their nefarious ends or

to somehow get the respondent nos. 6 and 7 removed from the

post of Chairman and Vice-Chairman. The petitioners are not

remediless, as has been explained in the aforegoing paragraphs.

13. Similarly, Mr. Vivek Prasad, learned counsel

representing the respondent nos. 8 and 9 while adopting the

submissions made by the learned senior counsel Mr. Y.V. Giri,

on behalf of respondent nos. 6 and 7, added further submissions

to oppose the contention of the petitioners that the petitioners

have already filed representation before the concerned

department, Government of Bihar and they ought to pursue their

remedy within the ambit of statutory provisions laid down under

Section 154, read with Section 160(2) of the Act, 2006. He

submits that the Zila Parishad, Darbhanga is functioning with

the help of Government aid/fund under the heading 15th Union

Finance Commission and (6th and 5th) State Financial

Commission along with own source revenue and the funds

received from the Union Government and State Government

have to be spent by the Zila Parishad in accordance to the

guidelines issued by the Central Government and State

Government respectively. Since the own income source of Zila Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

Parishad, Darbhanga is much less than its expenditure, the same

is adjusted from the received fund. He also reiterates the

submissions made on behalf of the respondent nos. 6 and 7 that

no such Chief Accounts Officer has been appointed by the

Government in Zila Parishad, Darbhanga and in absence of the

same for proper exercise of functions of Zila Parishad certain

budgets have been prepared and sanctioned/approved by the

majority of the house of Zila Parishad, on earlier occasions for

financial years as and when required. It has been clarified that

proposal no.7 of the general meeting dated 07.11.2023 contains

the fact that for making supplementary budget for the financial

year 2021-22 and the original budget for the financial year

2022-23, a resolution has been passed that through special

meeting, the aforesaid budgets shall be sanctioned, which is still

awaited, since the above decision taken in the general meeting

dated 07.11.2023, the petitioners have given representation for

convening of Special meeting, but preparation and approval of

budget have not been included in the list of agenda provided by

the petitioners. He further clarified the position that within the

ambit of statutory provisions, Section 88 (2) of the Act, 2006,

the Chief Executive Officer is duty bond to attend the meeting

of Zila Parishad and has to make a proper assistance to the Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

extent of execution of works, which have been imposed upon

him and thus the respondent Chief Executive Officer, Zila

Parishad, Darbhanga has adopted the same and has performed

its respective parts, as and when requires. It is also submitted

that against the scheme/agenda, which have already been

approved by the majority of the house of the Zila Parishad,

Darbhanga, the respondent Deputy Development

Commissioner-cum- Chief Executive Officer, Zila Parishad,

Darbhanga has drawn and disbursed the money of Zila Parishad,

Darbhanga funds to the concerned territorial constituency of

Zila Parishad for the implementation of the approved schemes

and accordingly the allegation by the petitioners relating to

misappropriation of Zila Parishad fund is unfounded and against

the actual state of affairs.

14. At last, Mr. Prasad, learned counsel for

respondent nos. 8 and 9 drew the attention of this Court to the

list of the schemes and the particulars showing the amount

allotted under the scheme and with reference thereto he submits

that both the petitioners have been allotted various funds for the

schemes under their constituencies and thus the action of the

petitioners are barred by estoppel and acquiescence. At one hand

they are receiving the funds for the execution of schemes Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

allotted to their constituency and at the same time they are

challenging the action of the respondent nos. 6 to 9, which is not

permissible under the law. Mr. Prasad, while concluding his

submission in order to strengthen his submission that the power

of judicial review ought not to be exercised in a situation where

public interest is affected at large and the decision of the

authority is, prima facie, not perverse and/or arbitrary and/or

suffers from malafide or favouritism. He made reliance upon a

judgment rendered by the Hon'ble Supreme Court in the case of

National High Speed Rail Corpn. Ltd. v. Montecarlo Ltd.,

reported in (2022) 6 SCC 401.

15. Mr. Satya Vrat, learned counsel for the State

has adopted the submissions made on behalf of respondent nos.6

to 9.

16. Before going into the merit of the case, as

certain points have been raised with regard to the

maintainability of the present writ petition on the ground inter

alia, the petitioners, being the members of the Zila Parishad,

having no locus standi to file the present writ petition and

further the petitioners having alternative remedy provided in the

Act, 2006, the present writ petition is not maintainable, all the

more, the dispute as has been raised in the present writ petition Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

is in the nature of Public Interest Litigation the same is required

to be answered at first instance.

17. Admittedly, the petitioners are elected

members of the Zila Parishad, Darbhanga, who have been

participated in all the meetings and have been raising grievances

with regard to the affairs of the Zila Parishad in accordance with

law, as provided under the Act and the Rules and the disputes

which are required to be resolved in the House of the Zila

Parishad, the same has been brought before this Court.

18. It is worth noted here that the Bihar

Panchayat Raj Act, 2006 is a self contained Act to regulate the

affairs of the institutions at the Panchayat Level, including the

Zila Parishad. The legislature has already framed the provisions

for check and balance, if the Zila Parishad or its members failed

to perform its duties and functions under the Act or abuses the

power vested in him and is found to be guilty of misconduct in

discharge of his duties. It has rightly been noted that Section

154 of the Act, 2006 empowers the State Government, which

may, either of its own motion or on an application from any

person interested, call for and examine the records or of a

Standing Committee, including the Finance audit and Planning

Committee was to satisfy itself as to the correctness, legality or Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

propriety of any decision or order passed therein or as to the

regularity of such proceedings.

19. Further Section 160(2) of the Act, 2006

contemplates that if the Government is in the opinion that the

Zila Parishad exceeds or abuses its powers or is not competent

to perform or makes persistent default in the performance of the

duties imposed upon it under this Act or by any other law for the

time being in force, the Government may, by an order published

in the Official Gazette, dissolve a Zila Parishad. Furthermore,

Section 70 of the Act, 2006 also provides a procedure of No

Confidence Motion to remove the Chairman and Vice-chairman

in case of their absence without sufficient cause for more than

three consecutive meetings/sittings or willfully omits or refuses

to perform his duties and functions under this Act, or abuses the

power vested in him or is found to be guilty of misconduct in

the discharge of his duties.

20. Irrespective of all the statutory remedial

provisions, as provided under the Act, the filing of the present

writ petition invoking prerogative writ jurisdiction under Article

226 of the Constitution without availing the same in the opinion

of this Court is not maintainable.

21. This Court also takes note of the fact that not Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

only the petitioners are members of the Zila Parishad but they

are also beneficiary of the allotted funds allocated from the

Union Government and the State Government, and thus the

petitioners cannot be allowed to blow hot and cold

simultaneously and reprobate or aprobate at the same time. The

law is very clear in this regard "an action at law is not a game of

chess. A litigant who comes to Court and invokes its writ

jurisdiction must come with clean hands. He cannot prevaricate

and take inconsistent position."

22. This Court further finds that it has rightly

been submitted that the scope of judicial review ought to be on a

limited aspect i.e. the action of the public authority does not

suffer from favouritism or nepotism and based on the grounds

which have been concealed from the financing authority, if

disclosed, would have persuaded the financing authority to

cancel the contract and the Court should be extremely cogent

and circumspect in exercise of its discretion while entertaining

petitions and/or while granting stay in such matters, if it would

affect the public interest. Reliance placed upon a judgment

rendered by the Hon'ble Supreme Court in the case of National

High Speed Rail Corporation Limited Vs. Montecarlo

Limited & Anr., (2022) 6 SCC 401, especially, pararaph 48 is Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

quoted hereinbelow:

"48. Even while entertaining the writ petition and/or granting the stay which ultimately may delay the execution of the Mega projects, it must be remembered that it may seriously impede the execution of the projects of public importance and disables the State and/or its agencies/instrumentalities from discharging the constitutional and legal obligation towards the citizens. Therefore, the High Courts should be extremely careful and circumspect in exercise of its discretion while entertaining such petitions and/or while granting stay in such matters. Even in a case where the High Court is of the prima facie opinion that the decision is as such perverse and/or arbitrary and/or suffers from mala fides and/or favouritism, while entertaining such writ petition and/or pass any appropriate interim order, High Court may put to the writ petitioner's notice that in case the petitioner loses and there is a delay in execution of the project due to such proceedings initiated by him/it, he/they may be saddled with the damages caused for delay in execution of such projects, which may be due to such frivolous litigations initiated by him/it. With these words of caution and advise, we rest the matter there and leave it to the wisdom of the concerned Court(s), which ultimately may look to the larger public interest and the national interest involved."

Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

23. It would be worth noted here that every Zila

Parishad shall be a body corporate by the name of its Zila

Parishad and shall have perpetual succession and a common seal

and, subject to such restrictions, as are imposed by or under this

Act or any other enactment, shall be vested with the capacity of

suing or being sued in its corporate name. Thus, in absence of

the Zila Parishad, as a party respondent, the points raised in the

writ petition cannot be adjudicated, as any decision passed by

this Court shall affect the rights, liability and affairs of the Zila

Parishad.

24. This Court is also not oblivious of the fact

that before approaching this Court, the petitioners have filed

their representations before the competent authority of the State

Government, but as the same has not been taken into

consideration and brought to its logical conclusion, the

petitioners' left with no option, but to file the present writ

petition. In fact, the dispute raised in the case in hand is nothing

but a self-created chaos at the hands of the State Government

and its authorities by not appointing the Chief Accounts Officer

or constituting the District Planning Committee in the Zila

Parishad and now sitting over the matter as mute spectator.

25. In view of the aforenoted reasons, as Patna High Court CWJC No.13929 of 2023 dt.04-12-2023

discussed herein, this Court restrained itself to enter into the

merit of this case and dispose of the writ petition with liberty to

the petitioners to raise their grievance before the Additional

Chief Secretary, Panchayati Raj Department, Government of

Bihar by filing a fresh representation detailing the allegations. If

the same is done within a period of four weeks from today, the

respondent no.2 shall be obliged to get the matter enquire into

and pass necessary order in accordance with law expeditiously

considering the urgency of the matter.

26. It is needless to observe that in the meantime,

the State Government shall also take steps in the matter of

appointment of Chief Accounts Officer and the constitution of

District Planning Committee in order to run the function and

affairs of Zila Parishad properly.

27. This disposes the writ petition.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.12.2023
Transmission Date       NA