Disposed

Pankaj Kumar v. The State of Bihar

Patna HC14 Dec 2020CWJC/9058/2020

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition seeking a mandamus to direct government authorities to construct a Panchayat building and to consider a representation. The court directed the District Magistrate to consider the representation within two months and directed that no construction proceed until disposal.

What did the court decide?

Direction to Respondent No. 4 DM Jamui to consider and decide the representation within two months.

Pankaj Kumar Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9058 of 2020

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Pankaj Kumar Son of Bachchu Paswan, Resident of Shiv Mandir, Raipura, P.S. - Khaira, District - Jamui.

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... ... Petitioner/s

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Versus

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The State of Bihar .

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The Joint Director, Panchayat Raj Division, Bihar, Patna.

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The Commissioner, Munger.

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The District Magistrate, Jamui.

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The Block Development Officer, Khaira, District Jamui.

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The Circle Officer, Khaira, Dist. Jamui.

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The Mukhiya, Gram Panchayat Raj, Raipura, Distt. Jamui.

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The Station House Officer, Khaira Police Station, District Jamui.

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... ... Respondent/s

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(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

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Appearance :

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For the Petitioner/s : Mr.Satya Prakash Parasar, Adv For the Respondent/s : Mr. P.N. Shahi AAG-6 & Mr. Mritunjay Kumar AC to AAG-6.

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

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Date : 14-12-2020

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Heard learned counsel for the parties.

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Petitioner has prayed for the following relief:-

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"(i)For issuance of writ/writs in the nature of mandamus commanding and directing the respondents authority to construct the Panchayat Government building strictly accordance with letter No. 2P/P.S. Bh-09-09/2018 (Khand)/03 dated 03/06/2019 issued under the signature of the joint Director, Panchayati Raj, Department, Govt. of Bihar which is being shifted to other place out of political expediency of the concern Mukhiya in garb of compliance

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Patna High Court CWJC No.9058 of 2020 dt.14-12-2020 2/3

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of the aforesaid direction.

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(ii) For further direction to the respondent Circle Officer concern to comply the government guidelines as has been agitated by the petitioner on behalf of the majority of villagers.

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(iii) For further direction to the respondents authority not to proceed with construction work without disposal of representation filed before the District Magistrate, Jamui or during pendency of this application."

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After the matter was heard for sometime, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the respondent no. 4 District Magistrate, Jamui to consider and decide the representation with respect to grievances raised in such representation.

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Learned counsel for the respondent states that if such representation is filed before the respondent no. 4 District Magistrate, Jamui , same shall be considered and decided within a period of two months from the date of receipt of such representation in accordance with law.

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Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

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Liberty reserved to petitioner to approach the court, if the need so arises subsequently on the same and subsequent cause of action.

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Patna High Court CWJC No.9058 of 2020 dt.14-12-2020 3/3

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The writ petition is accordingly, disposed of.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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ranjan/-

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AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA

Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

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Pankaj Kumar v. The State of Bihar

Case brief

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