Patna High Court
Asha Devi, Up-Mukhiya, Gram Panchayat ... vs The State Of Bihar on 8 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15803 of 2023
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Asha Devi, Up-Mukhiya, Gram Panchayat Raj, Mateya Khas W/o Sri Harendra
Singh, R/o Village- Lalbegi, P.S- Kuchaikote, District-Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Additional Chief Secretary, Panchayati Raj
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.
3. The Director, Panchayati Raj Department, Govt. of Bihar, Patna.
4. The District Magistrate, Gopalganj.
5. The District Panchayati Raj Officer, Gopalganj.
6. The Block Development Officer, Kuchaikote -cum- Executive Officer, Block
Development Committee, Kuchaikot, District- Gopalganj.
7. The Block Panchayati Raj Officer, Kuchaikot, District-Gopalganj.
8. The Officer in Charge, Kuchaikot Police Station, District- Gopalganj.
9. The Mukhiya, Gram Panchayat Raj Mateya Khas, Block- Kuchaikot, District-
Gopalganj.
10. Sri Rakesh Kumar, the Panchayat Secretary, Gram Panchayat Raj Mateya Khas,
P.S-Kuchaikote, District- Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Pandey, Advocate
For the Respondent/s : Mr.Kumar Alok (Sc7)
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 08-01-2024
Heard Mr. Ranjeet Kumar Pandey, learned counsel
appearing on behalf of the petitioner and Mr. Kumar Alok,
learned SC 7 for the State.
2. Learned counsel appearing on behalf of the
petitioner informs this Court that against Mukhiya of the Gram
Panchayat Raj Mateya Khas, Block Kuchaikot, an FIR relating
to Kuchaikot P.S. Case No.373 of 2023 was lodged by the
Programme Officer, Manrega, Kuchaikot and the writ petition
has been filed under circumstances that during the interregnum
Patna High Court CWJC No.15803 of 2023 dt.08-01-2024
period before the Mukhiya obtains bail, the petitioner may be
allowed to function and discharge all the duties of Mukhiya in
view of Section 17(2)(b) of the Bihar Panchayat Act, 2006. He
informs that now the Mykhiya has been granted bail and, as
such, the relief, as sought for in the present writ petition in
paragraph no.1(i) and (ii) have become infructuous.
3. Learned counsel further informs that now the
Panchyat Secretary has the statutory duty to inform to the
Block Development Officer.
4. Considering the aforesaid submission made by
learned counsel on behalf of the petitioner, the Block
Development Officer, Kuchaikot, District, Gopalganj must
ensure to abide by the provision of the Act and see that the
functioning of the Gram Panchayat is not disturbed in any
manner for the inaction of the Panchyat Secretary.
5. With aforesaid observation and direction, the present
writ petition is disposed of.
(Purnendu Singh, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.01.2024
Transmission Date NA
