Patna High Court
Roshni Khatoon vs The State Of Bihar on 16 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.831 of 2024
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Roshni Khatoon wife of Shekh Najimul Haque, Resident of village- Lalganj,
P.O. Mahadevpur, P.S. Pranpur, District -Katihar, presently Pramukh of Block
Panchayat Samiti, Pranpur, District -Katihar.
... ... 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 District Magistrate Katihar, District-Katihar.
4. The District Panchayat Raj Officer, Katihar. District-Katihar.
5. The Sub-Divisional Officer, Katihar Sadar, District-Katihar.
6. The Block Development Officer-cum- Executive Officer, Block Panchayat
Samiti, Pranpur, District - Katihar.
7. The Block Panchayat Raj Officer, Pranpur, District - Katihar.
8. Krishna Mohan Sah son of Anandi Shah, Presently Up-Pramukh of Block
Panchayat Samiti, Pranpur, P.O. and P.S. Pranpur, District-Katihar.
9. Sunil Kumar Sharma Son of not known to the peitioner Elected members of
Block Panchayat Samiti, Pranpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S.
Pranpur, District - Katihar.
10. Sentu Kumar Ravidas Son of not known to the peitioner Elected members of
Block Panchayat Samiti, Pranpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S.
Pranpur, District - Katihar.
11. Babita Kumari Wife of not known to the petitioner Elected members of
Block Panchayat Samiti, Pranpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S.
Pranpur, District - Katihar.
12. Masada Khatoon Wife of not known to the peitioner Elected members of
Block Panchayat Samiti, Pranpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S.
Pranpur, District - Katihar.
13. Meera Devi Wife of not known to the peitioner Elected members of Block
Panchayat Samiti, Pranpur through the Block Development Officer -cum-
Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S. Pranpur,
District - Katihar.
14. Anil Kumar Son of not known to the peitioner Elected members of Block
Panchayat Samiti, Pranpur through the Block Development Officer -cum-
Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S. Pranpur,
District - Katihar.
15. Rita Devi Wife of not known to the peitioner Elected members of Block
Patna High Court CWJC No.831 of 2024 dt.16-01-2024
2/4
Panchayat Samiti, Pranpur through the Block Development Officer -cum-
Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S. Pranpur,
District - Katihar.
16. Md. Harun Son of not known to the peitioner Elected members of Block
Panchayat Samiti, Pranpur through the Block Development Officer -cum-
Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S. Pranpur,
District - Katihar.
17. Md. Rafique Son of not known to the peitioner Elected members of Block
Panchayat Samiti, Pranpur through the Block Development Officer -cum-
Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S. Pranpur,
District - Katihar.
18. Munni Devi Wife of not known to the peitioner Elected members of Block
Panchayat Samiti, Pranpur through the Block Development Officer -cum-
Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S. Pranpur,
District - Katihar.
19. Md. Azmal Son of not known to the peitioner Elected members of Block
Panchayat Samiti, Pranpur through the Block Development Officer -cum-
Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S. Pranpur,
District - Katihar.
20. Enamul Haque Son of not known to the peitioner Elected members of Block
Panchayat Samiti, Pranpur through the Block Development Officer -cum-
Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S. Pranpur,
District - Katihar.
21. Amit Kumar Gupta Son of not known to the peitioner Elected members of
Block Panchayat Samiti, Pranpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S.
Pranpur, District - Katihar.
22. Neetu Kumari Wife of not known to the peitioner Elected members of Block
Panchayat Samiti, Pranpur through the Block Development Officer -cum-
Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S. Pranpur,
District - Katihar.
23. Fulram Mandal Son of not known to the peitioner Elected members of Block
Panchayat Samiti, Pranpur through the Block Development Officer -cum-
Executive Officer, Block Panchayat Samiti, Pranpur P.O. and P.S. Pranpur,
District - Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awnish Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (20)
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 16-01-2024
Heard the parties.
2. Mr. Awnish Kumar, learned counsel appearing on
Patna High Court CWJC No.831 of 2024 dt.16-01-2024
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behalf of the petitioner submits that the petitioner seeks to avail
remedy under Section 157 of the Bihar Panchayat Raj Act, 2006
(hereinafter to be referred as the 'Act') before the District
Magistrate, Katihar, for the relief(s) as prayed for in the present
writ petition.
3. Considering the limited relief(s) as sought for by
the petitioner, the District Magistrate, Katihar, is directed to call
for the records relating to the Panchayat Samiti of concerned
Block and fix a date within two days after communication of
this order for the attendance of Pramukh, Up-pramukh and all
the members of the Panchayat Samiti and seek their signature in
his own presence and thereafter, he may fix a date for providing
opportunity of hearing to the affected parties and decide the
matter considering the charges as contained in the requisition. If
he finds that there is violation of manner, as prescribed under
Section 44 or Section 46 of the Bihar Panchayat Raj Act, 2006
and same requires interference in any manner with respect to
calling of 'No Confidence Motion', which has been fixed on
18.01.2024
, the District Magistrate after providing opportunity
of hearing may pass a speaking order strictly in accordance with
law.
4. The special meeting dated 18.01.2024 shall lose its
Patna High Court CWJC No.831 of 2024 dt.16-01-2024
operation till final decision is taken by the District Magistrate.
5. As the order has been passed in the open Court,
learned counsel for the State has ensured that he will
immediately communicate the District Magistrate, Katihar, by
both the means, fax, as well as, by telephonic communication,
even before the order is pronounced.
6. Accordingly, the present writ petition is disposed of.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 16.01.2024
Transmission Date N/A
