Usha Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Usha Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the District Magistrate-cum-Collector, West Champaran at Bettiah to call for the records relating to the site proposed by the Circle Officer, Yogapatti, the recommendation of the Block Development Officer and all pending records, summon the two officers if required, fix a date (hearing fixed for 29.01.2024) giving the petitioner adequate opportunity to place her case, and take action in accordance with law within two weeks of that date after due opportunity of hearing.

Issue for consideration

How the petitioner's pending representation concerning the site proposed by the Circle Officer, Yogapatti and the recommendation of the Block Development Officer should be examined, including whether the concerned officers should be summoned and the petitioner given opportunity to place her case. +1 more

Court's answer

The District Magistrate-cum-Collector, West Champaran at Bettiah is directed to call for the records relating to the site proposed by the Circle Officer, Yogapatti.

Ratio / Principle

The records to be called for also include the recommendation of the Block Development Officer and all the records pending in the office.

Key takeaways

If required, the two officers (Circle Officer, Yogapatti and Block Development Officer) must be summoned and a date fixed giving adequate opportunity to the petitioner to place her case.ratio¶22
Taking into account that development of the village and the construction of 'Panchayat Sarkar Bhawan' should not be delayed, 29.01.2024 is fixed for the respective parties to place their case.ratio¶23
The District Magistrate-cum-Collector, West Champaran at Bettiah is directed to take action within a period of two weeks from the date printed as 29.01.2023 in accordance with law after giving due opportunity of hearing to the petitioner.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Oral Order, Purnendu Singh, J.), 15.01.2024 - Civil Writ Jurisdiction Case No.17771 of 2023: Usha Devi v. The State of Bihar and others. The petitioner's representation dated 20.10.2023 was pending before the District Magistrate-cum-Collector, West Champaran at Bettiah. The Court directed the DM to call for the records relating to the site proposed by the Circle Officer, Yogapatti, the recommendation of the Block Development Officer and all records pending in his office; if required, to summon the two officers and fix a date giving adequate opportunity to the petitioner to place her case. Taking into consideration the development of the village and that construction of 'Panchayat Sarkar Bhawan' should not be delayed, hearing was fixed for 29.01.2024, and the DM was directed to act within a period of two weeks from 29.01.2023 (date as printed in the order; hearing fixed for 29.01.2024) in accordance with law after giving due opportunity of hearing to the petitioner. The writ petition was disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17771 of 2023

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Usha Devi Wife of Jata Shankar Prasad, Resident of Village - Bagahi Puraina, Block - Yogapatti, Police Station - Yogapatti, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary Panchayat Raj Department, Government of Bihar, Patna.

The District Magistrate, Bettiah, West Champaran.

The Panchayat Raj Officer, Bettiah, West Champaran.

The Deputy Development Commissioner, Bettiah, West Champaran.

The District Programme Officer, Bettiah, West Champaran.

The Circle Officer, Block - Yogapatti, District- West Champaran.

The Executive Engineer, Porgram and Development Department, West Champaran at Bettiah.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Anant Kumar Mishra, Advocate For the Respondent/s : Mr. Madhaw Pd. Yadaw (GP-23) ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 15-01-2024

Heard Mr. Anant Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Madhaw Prasad Yadaw, learned GP-23 for the respondent/s.

Learned counsel appearing on behalf of the petitioner informs that he has already filed a representation before the District Magistrate-cum-Collector, West Champaran at Bettiah on 20.10.2023 and the same is pending.

The District Magistrate-cum-Collector, West Champaran at Bettiah, is directed to call for the records relating to the site proposed by the Circle Officer, Yogapatti, as well as,

Patna High Court CWJC No.17771 of 2023(2) dt.15-01-2024 2/2

the recommendation of the Block Development Officer and all the records pending in their office. If required, the two officers must also be summoned and a date is required to be fixed for giving adequate opportunity to the petitioner to place her case.

It has been informed on behalf of the petitioner that taking into consideration the development of the village and work of the construction of ‘Panchayat Sarkar Bhawan’ to be not delayed in any manner and, as such, it would be practicable to fix 29.01.2024 for giving opportunity to the respective parties to place their case.

The District Magistrate-cum-Collector, West Champaran at Bettiah, is directed to take action within a period of two weeks from 29.01.2023 in accordance with law after giving due opportunity of hearing to the petitioner.

Accordingly, the present writ petition is disposed

of.

(Purnendu Singh, J)

Niraj/-

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