Patna High Court
Puja Singh vs The State Of Bihar on 15 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.783 of 2024
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1. Puja Singh, Wife of Bijayendra Kumar, resident of Bichla Tola, Village-
Bandhu Barwa Ramgarhwa, Bandhu Barwa, East Champaran, Pin Code-
845433.
2. Md. Tausifur Rehman, son of Muzibur Rahman, Resident of Ward No. 15,
Gram Post-Siswaniya, Banjaria, P.O.-Motihari, District-East Champaran,
Bihar-845401.
3. Naseema Khatoon, C/o Kamrodin Miya, Resident of Amodei
Bishambharakpur, Anchal-Ramgarhwa, District-East Champaran.
4. Nirmala Devi, Wife of Binod Kumar Gupta, Resident of Village-Dhekaha,
Ward No. 07, Thana-Kesariya, P.O.-Kesharia, District-East Champaran,
Bihar-845424.
5. Sadre Alam, Son of Mir Ali Raja, Resident of Village-Ganeshpur, Post-
Rajpur, Keshriya, Rajpur, District-East Champaran, Bihar-845432.
... ... Petitioners
Versus
1. The State of Bihar through Principal Secretary, Department of Gram
Panchayat Raj, Govt. of Bihar, New Secretariat, Patna.
2. The Principal Secretary, Department of Gram Panchayati Raj, Govt. of
Bihar, New Secretariat, Patna.
3. The District Magistrate cum District Election Officer, East Champaran,
Motihari.
4. The Deputy Development Commissioner cum Chief Executive Officer,
District Board/Zila Parishad, East Champaran, Motihari.
5. The Block Development Officer, Areraj.
6. The Chairman, District Board/Zila Parishad, East Champaran.
7. The Deputy Chairman/Vice Chairman, District Board /Zila Parishad, East
Champaran, Motihari.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mrigank Mauli, Sr. Advocate.
Mr. Raj Shekhar, Advocate.
For the Respondent/s : Mr. Mandanjeet Kumar, GP-20.
For the Zila Parishad : Mr. Sanjay Kumar, Advocate.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 15-01-2024
Heard Mr. Mrigank Mauli, learned senior counsel
along with Mr. Raj Shekhar, learned counsel appearing on
Patna High Court CWJC No.783 of 2024 dt.15-01-2024
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behalf of the petitioner; Mr. Madanjeet Kumar, learned GP-20
for the State and Mr. Sanjay Kumar, learned counsel for the Zila
Parishad.
2. Considering the nature of relief as prayed for in
the present writ petition, the District Magistrate, East
Champaran, Motihari is directed to exercise his jurisdiction
under Section 157 of the Gram Panchayat Raj Act, 2006 to
verify the requisition and the alleged misdemeanour allegedly
by the petitioners, who have denied their signature by calling
the records from the Zila Parishad concerned and verify the
same by ensuring presence of the petitioners. The Deputy
Development Commissioner cum Chief Executive Officer, Zila
Parishad, East Champaran, Motihari must ensure to place the
records and explain how an action can be taken on forged
requisition dated 05.01.2024 on the basis of the allegations
contained therein, when the signature of the petitioners on the
requisition has been denied by the petitioners.
3. The District Magistrate is directed to give
opportunity to the petitioners and all the concerned and after
providing opportunity of hearing to the respective parties, must
arrive at his own independent finding. In case he finds the
signatures to be forged must ensure to take appropriate action
Patna High Court CWJC No.783 of 2024 dt.15-01-2024
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against the government officials, if he finds that anyone of them
posted at the Zila Parishad is engaged in mal-practice in
connivance with any person or persons involved in forging the
signature of the petitioners proceed to take action to lodge an
F.I.R. against all the persons involved in the illegal act within
three weeks, considering the fact that the development work of
the district may not be stopped by any illegality committed.
4. It is made clear that the meeting of 'no confidence
motion' which has been scheduled to be held today i.e.
15.01.2024
will be subject to the result of the final decision
taken by the District Magistrate, East Champaran, Motihari.
5. The District Magistrate may ensure proper
functioning of the local bodies within his jurisdiction and this
Court finds that he is also responsible for execution of the
different schemes which are for the benefit of the citizen at
village level and to check and stop illegal activity under his
jurisdiction.
6. The writ petition stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 15.01.2024
Transmission Date N.A.
