Patna High Court
Raju Kumar Sah 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.11039 of 2023
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Raju Kumar Sah Son of Ritlal Sah, Resident of Village- Keshopur, Dadpur,
P.S.- Jhajha, Distt.- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Panchayti
Raj, Bihar, Patna.
2. The District Magistrate, Jamui.
3. The District Panchayati Raj Officer, Jamui.
4. The Divisional Commissioner, Munger.
5. The Block Development Officer, Jhajha, Distt.- Jamui.
6. The Block Panchayati Raj Officer-cum- Executive Officer, (Panchayat
Samittee), Jhajha, District- Jamui.
7. The Mukhiya Gram Panchayat, Keshopur, P.S.- Jhajha, District- Jamui.
8. The Panchayat Secretary, Gram Panchayat Raj, Keshopur, P.S.- Jhajha,
District- Jamui.
9. Smt. Anita Kumari, ward member, ward no. 05, Gram Panchayat Raj,
Keshopur, P.S.- Jhajha, District- Jamui.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Mishra, Advocate.
For the Respondent/s : Smt. Archana Meenakshee (Gp6)
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 16-01-2024
Heard Mr. Sanjay Kumar Mishra, learned counsel
appearing on behalf of the petitioner and learned AC to GP-6 for
the State.
2. Petitioner has filed the present writ petition for
the relief as prayed for in Para-1 which, inter alia, is as follows:
"That the present writ petition is being filed for a
direction to the respondents concerned to ensure the facilities
whatsoever is required and permissible as per law including to
open and operation of joint bank Account, to the petitioner with
ward member for performing his duty as secretary of the Ward
No.05 of Panchayat Raj Keshopur, P.S.-Jhajha, District - Jamui
Patna High Court CWJC No.11039 of 2023 dt.16-01-2024
to run and to facilitate the benefits of the Govt. Scheme to the
public of the ward aforesaid."
3. Petitioner is aggrieved by the action of the
respondent no.9 - ward member of Ward No.5 of Panchayat Raj
Keshopur, District - Jamui, who has deliberately not opened a
joint bank account which has impeded the public work and
implementation of welfare scheme. Specific statement in this
regard has been made in Para-11, 12 and 13 of the writ petition
that the respondent no.9 is adamant not to cooperate with the
petitioner in implementation of the government scheme in
favour of the public of the Panchayat. The petitioner is also
aggrieved by the action of the respondent no.6 - the Block
Panchayat Raj Officer who in connivance with respondent no.9
has tried to restrict the petitioner from operating the joint bank
account. The allegation as made against respondent nos. 6 and 9
are required to be referred to the Panchayati Raj Department for
taking necessary action, particularly, against respondent no.9 for
her removal.
4. Learned State counsel referring to Para-5 and the
action taken as stated in Para-11 submits that the writ petition
has become infructuous. The District Panchayat Raj Officer has
already taken action by recommending for removal of the
respondent no.9 to the State Government. The Panchayat
Patna High Court CWJC No.11039 of 2023 dt.16-01-2024
Secretary has been appointed on 07.01.2024 and no interference
is required.
5. Considering the aforesaid information, the writ
petition stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 16.01.2024
Transmission Date N.A.
