Patna High Court
Dhurpati Devi vs The State Of Bihar on 18 December, 2023
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8573 of 2023
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Dhurpati Devi Wife of Shri Manaejar Rai, Resident of Kaudihar, Bhgwanpur
post, Raxaul, District East Champaran, Bihar (845305), Presently residing at
ward no. 19 Kaudihar, Raxaul, District East Champaran, Presently Chief
Councilor, Raxaul Nagar Parishad, District East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar .
2. Additional Chief Secretary, Urban and Housing Development and Housing
Department, Government of Bihar, Patna.
3. Additional Secretary, Urban and Housing Development and Housing
Department, Government of Bihar, Patna.
4. Director, Municipal Administration, Urban and Housing Development and
Housing Department, Government of Bihar, Patna.
5. District Magistrate, East Champaran.
6. Raxaul nagar Parishad, through its Executive Officer, Raxaul, District East
Champaran.
7. Manish Kumar S/o not known to the petitioner, Presently Executive Officer,
Raxaul Nagar Parishad, District East Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
: Mr. Ratan Kumar Sinha, Advocate
For the Res. No.6 : Mr. Devi Das Srivastava, Advocate
For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG-7
: Mr. Deepak Kumar, AC to AAG-7
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 18-12-2023
Heard Mr. Ravi Ranjan along with Mr. Ratan
Kumar Sinha, learned counsels appearing on behalf of the
petitioner, Mr. Devi Das Srivastava, learned counsel appearing
on behalf of the Respondent No.6 and Mr. Yogendra Pd. Sinha
(AAG 7) with Mr. Deepak Kumar (AC to AAG-7), learned
counsel appearing on behalf of the State.
2. The petitioner has filed the preset writ petition
for the following reliefs:-
Patna High Court CWJC No.8573 of 2023 dt.18-12-2023
i. For issuance of an appropriate writ
in the nature of Mandmus, commanding and
directing the Respondent No.7 to respect the
concept of local self-government in word and
spirits and duly execute the decisions taken by
Empowered Standing Committee or Board of the
Municipality.
ii. For issuance of an appropriate writ
in the nature of Mandamus, commanding and
directing the Respondent Authorities to take action
against the present Incumbent Executive Officer
whose inaction to any decision taken by
Municipality has not only caused a standstill in
entire affairs of the Municipality but also caused
huge loss to the Municipality as also the State
Exchequer.
iii. For a declaration that under the
scheme of local self-government of the
Municipalities which was inserted as Part IXA in
the Constitution of India after seventy-fourth
amendment as also Bihar Municipal Act, 2007
which was formulated in light of said
constitutional provisions, an executive officer has
to merely follow and execute the decisions of the
municipality and he cannot sit over same and use
his own wisdom over same.
iv. For a declaration that in a
democracy the persons who have been chosen to
power by will of people their power cannot be
throttled by an executive who is not answerable to
such people who have elected them.
v. For issuance of any other
appropriate writ/writs, order/orders,
direction/directions for which the writ petitioner is
entitled under the facts and circumstances of the
case.
3. Learned counsel appearing on behalf of the
petitioner submitted that as the Additional Chief Secretary,
Patna High Court CWJC No.8573 of 2023 dt.18-12-2023
Urban and Housing Development and Housing Department has
not taken any action against the Executive Officer, who has
failed to comply with the decision of the Committee, which has
halted the progress of the Raxaul Nagar Prishad, the Nagar
Parishad is not in a position to execute the policies taken by it.
4. Considering the reliefs as sought for in the
present writ petition, the Additional Chief Secretary, Urban and
Housing Development and Housing Department, Government
of Bihar, is directed to call for all the minutes of the meeting of
the Executive Committee, so held from time to time for
development of the area and in case he finds that because of
inaction of the Executive Officer, the government programme
has not been carried out by the authority then in that case
appropriate action is directed to be taken against the Executive
Officer.
5. Petitioner may also make a fresh representation
before the Additional Chief Secretary, Urban and Housing
Development and Housing Department (Respondent no.2) along
with all the requisite documents, which are possessed by him
and the legal authorities; on which he wants to rely.
6. The action is expected to be taken not beyond a
period of three months by ensuring that all the decision of the
Patna High Court CWJC No.8573 of 2023 dt.18-12-2023
Committee is being carried out efficiently and is completed
within the specified period.
7. With the above observation/direction, the present
writ petition stands disposed of.
(Purnendu Singh, J.)
Chn/-
Ashishsingh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.12.2023
Transmission Date NA
