Surya Pratap Singh v. The State of Bihar
Case brief
What is this about?
Patna HC CWJC No. 2331 of 2024 (decided 28-02-2024, Purnendu Singh, J): challenge to Block Panchayat Raj Officer's order dated 30/12/2023 acting as Executive Officer despite amendment of Section 60, Bihar Panchayat Raj Act 2006 (Gazette Notification No. 3403 dt. 09.11.2023, effective 10.11.2023) and DM Bhojpur order no. 142/2023-24 vesting Executive Officer powers in the Block Development Officer; findings of excess of jurisdiction without authority of law, impropriety for want of notification, possibility of disciplinary action after hearing; representation pending before District Magistrate directed to be disposed of per law; writ petition disposed.
What did the court decide?
Writ petition disposed of with observations and directions; the District Magistrate, Bhojpur at Ara is directed to dispose of the petitioner's representation in accordance with law, with the Court recording that the Block Panchayat Raj Officer acted in excess of jurisdiction without authority of law and his deliberate action entails disciplinary consideration after due opportunity of hearing.