Patna High Court
Pinki Kumari vs The State Of Bihar on 19 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1156 of 2024
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Pinki Kumari Wife of Prem Kumar Sinha, Permanent Resident of Village-
Maheshpur, P.S.- Chandi, District- Nalanda, Bihar, at present Nav Bihar
Colony, Transport Nagar, Sampatchak, P.S. Sampatchak, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
3. The Divisional Commissioner, Patna.
4. The District Magistrate, Nalanda.
5. The District Development Commissioner-cum-Executive Officer, Zila
Parishad, Nalanda.
6. Ajay Kumar, son of not known to the petitioner, Resident of Village
Makhdumpur, P.O. and P.S.- Karaiparsurai, District- Nalanda.
7. Archana Kumari, wife of not known to the petitioner, Resident of Village-
Mahadipur, P.O.- Tina, P.S. Nagarnausa, District- Nalanda.
8. Sanjay Kumar, son of not known to the petitioner, Resident of Village-
Lohanda, P.O. Dahbigha, P.S. Hilsa, District- Nalanda.
9. Pammi Kumari, wife of not known to the petitioner, Resident of Village-
Gondu Bigha, P.O. Gondubigha, P.S. Chiksaura, District- Nalanda.
10. Gayatri Devi, wife of not known to the petitioner, Resident of Village-
Injora, P.O. and P.S. Ekangarsarai, District- Nalanda
11. Uma Devi, wife of not known to the petitioner, Resident of Village-
Kadilpur, P.O. Narayanpur, P.S. Ekangarsarai, District- Nalanda.
12. Archana Sinha, wife of not known to the petitioner, Resident of Village-
Muzafffara, P.O. Bardih, P.S. Islampur, District- Nalanda
13. Tanuja Kumari, wife of not known to the petitioner, Resident of Village-
Bishunpur, P.O. Ranipur, P.S. Islampur, District- Nalanda.
14. Anuradha Devi, wife of not known to the petitioner, Resident of Village
Panhar, P.O.- Panhar, P.S. Khodaganj, District- Nalanda.
15. Nutan Devi, wife of not known to the petitioner, Resident of Village and
P.O. Bhui, P.S. Silao, District- Nalanda.
16. Baby Devi, wife of not known to the petitioner, Resident of Village and P.O.
Barakar, P.S. Silao, District- Nalanda.
17. Navita Sinha, wife of not known to the petitioner, Resident of Village and
P.O. Dharhora, P.S. Silao, District- Nalanda.
18. Punam Sinha, wife of not known to the petitioner, Resident of Village
Chhotki Ant, P.O. Badki Ant, P.S. Ben, District- Nalanda.
19. Priti Devi, wife of not known to the petitioner, Resident of Village
Govindpur Beldarari, P.O. Badara, P.S. Nursarai, District- Nalanda.
Patna High Court CWJC No.1156 of 2024 dt.19-01-2024
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20. Juli Kumari, wife of not known to the petitioner, Resident of Village- Saidi,
P.O. Nursai, P.S. Nursarai, District- Nalanda.
21. Udai Nandan Prasad, son of notknown to the petitioner, Resident of Village
and P.O. Dhangawan, P.S. Parwalpur, District- Nalanda.
22. Amit Kumar Raj, son of not known to the petitioner, Resident of Village-
Atwal chak, P.O. Madhopur, P.S. Tharthari, District- Nalanda.
23. Niranjan Kumar, son of not known to the petitioner, Resident of Village-
Giridharchak, P.O. Sirnama, P.S. Haranut, District- Nalanda.
24. Kamlesh Paswan, son of not known to the petitioner, Resident of Village and
P.O. Daytupur, P.S. Chandi, District- Nalanda.
25. Mamta Devi, wife of not known to the petitioner, Resident of Village
Ramsang, P.O. Haranuat P.S. Harnaut, District- Nalanda.
26. Tusi Devi, wife of not known to the petitioner, Resident of Village-
Bishunpur, P.O. Utarnama, P.S. Rahui, District- Nalanda.
27. Kirti Devi, wife of not known to the petitioner, Resident of Village Nijaai,
P.O. Sonsa, P.S. Rahui, District- Nalanda.
28. Bipin Kumar, son of not known to the petitioner, Resident of Village and
PO. and P.S. Bind, District- Nalanda.
29. Narottam, son of not known to the petitioner, Resident of Village Kotara,
P.O. Gopalbad, P.S. Sarmera, District- Nalanda.
30. Ashok Kumar Singh, son of not known to the petitioner, Resident of Village-
Tora, P.O. and P.S. Sarmera, District- Nalanda.
31. Purushottam Kumar Sinha, son of not known to the petitioner, Resident of
Village Dayamchak, P.O. Kailapur, P.S. Saare, District- Nalanda.
32. Pankaj Kumar, son of not known to the petitioner, Resident of Village Molna
Bigaha, P.O. Onda, P.S. Saare, District Nalanda.
33. Ajay Kumar, son of not known to the petitioner, Resident of Village
Fatehpur, P.O. Ugawan, P.S. Asthawan, District- Nalanda.
34. Geeta Devi, wife of not known to the petitioner, Resident of Village and P.O.
Nakatpura, P.S. Bihar, District- Nalanda.
35. Mamta Kumari, wife of not known to the petitioner, Resident of Village and
P.O. Raitar, P.S. Giriyak, District- Nalanda.
36. Anita Devi, wife of not known to the petitioner, Resident of Village-
Tetarwan P.O. Tetarwan, P.S. Manpur, District- Nalanda.
37. Mano Devi, wife of not known to the petitioner, Resident of Village-
Keshopur, P.O. Keshorpur, P.S. Hisla, District- Nalanda.
38. Kaushlendra Prasad, son of not known to the petitioner, Resident of Village
Maira, P.O. Maira Barit, P.S. Katri Sarai, District- Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amit Shrivastava, Sr. Advocate
Mr.Hansraj, Advocate
For the Respondent/s : AAG 5
Patna High Court CWJC No.1156 of 2024 dt.19-01-2024
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 19-01-2024
Heard Mr. Amit Shrivastava, learned senior counsel
along with Mr. Hansraj, learned counsel for the petitioner and
learned AAG 5 for the State.
2. Learned counsel appearing on 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, Nalanda, 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, Nalanda, is directed to
call for the records relating to the Zila Parishad, Nalanda, and
fix a date within two days after communication of this order for
the attendance of Adhyaksh, Up-Adhyaksh and all the members
of the Zila Parishand 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
Bihar Panchayat Raj Act, 2006 and same requires interference in
any manner with respect to calling of 'No Confidence Motion',
Patna High Court CWJC No.1156 of 2024 dt.19-01-2024
which has been fixed on 27.01.2024, the District Magistrate
after providing opportunity of hearing may pass a speaking
order strictly in accordance with law within one week from the
date of attendance filed by all the members.
4. The special meeting dated 27.01.2024 shall lose its
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, Nalanda 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)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.01.2024
Transmission Date NA
