Ashok Kumar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ashok Kumar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 3, the District Magistrate, Saran at Chapra, to dispose of the petitioner's application in accordance with law within four weeks after hearing the petitioner in person; writ petition disposed of accordingly.

Issue for consideration

Whether a mandamus should issue commanding respondent nos. 3 to 7 to produce the recommendation of the Gram Panchayat, the Circle Officer and the final order of respondent no. 3 deciding construction of the Panchayat Sarkar Bhawan on Plot Nos. 2258, 2266 and 2268, Khata No. 884, so that the same may be quashed on the ground that the land is Gairmazarua Aam land already allotted to High School, Nawada by Gram Sabha decision (as prayed in relief (i)). +2 more

Ratio / Principle

Respondent no. 3 (District Magistrate, Saran at Chapra) was directed to dispose of the petitioner's pending application in accordance with law within four weeks after hearing the petitioner in person; with this direction the writ petition stood disposed of, the Court not having adjudicated the rival land-selection claims on the merits.

Detailed headnote1 paragraphs

Patna High Court (Rajesh Kumar Verma, J.), CWJC No.40 of 2025, order dated 07-01-2025. Petitioner sought (i) production and quashing of the Gram Panchayat/Circle Officer recommendations and the District Magistrate's final order permitting construction of the Panchayat Sarkar Bhawan of Gram Panchayat Raj, Nawada on Plot Nos. 2258, 2266 and 2268 of Khata No. 884 — alleged Gairmazarua Aam land already allotted to High School, Nawada by Gram Sabha decision with the transfer proposal pending — and (ii) directions to construct instead on Plot No. 1903 of Khata No. 702, selected by the Gram Panchayat in 2019. Recording that the petitioner's detailed application (Annexure P-4/1) was still pending undecided before the District Magistrate, Saran at Chapra, the Court confined itself to directing the District Magistrate to dispose of that application in accordance with law within four weeks after hearing the petitioner in person, and disposed of the writ petition accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.40 of 2025

======================================================

Ashok Kumar Singh son of Late Rama Kant Singh, resident of village and P.O.- Nawada, P.S.- Jalalpur, District - Saran at Chapra.

... ... Petitioner

Versus

The State of Bihar through the Chief Secretary Government of Bihar, Patna.

The Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna.

The District Magistrate, Saran at Chapra, District - Saran at Chapra.

The District Panchayat Raj Officer, Saran at Chapra, District - Saran at Chapra.

The Deputy Development Commissioner, Saran at Chapra District - Saran at Chapra.

The Block Development Officer, Jalalpur, District-Saran at Chapra.

The Circle Officer, Jalalpur, District - Saran at Chapra.

The Mukhiya, Gram Panchayat Raj, Nawada, Block- Jalalpur, DistrictSaran at Chapra.

The Panchayat Secretary, Gram Panchayat Raj, Nawada, Block Jalalpur, District- Saran at Chapra.

Sri Durga Pratap Singh son of not known to the petitioner Contractor for construction of Panchayat Sarkar Bhawan, Gram Panchayat Raj, Nawada through the District Magistrate Saran at Chapra, District-Saran at Chapra

... ... Respondents

====================================================== Appearance : For the Petitioner/s : Mr. S.B.K. Mangalam, Advocate Mr. Awnish Kumar, Advocate For the Respondent/s : Mr. Yogendra Pd. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 07-01-2025 Heard the learned counsel for the petitioner and the

learned counsel appearing on behalf of the respondents.

The present writ petition has been filed for the following reliefs:-

(i) For issuance of an appropriate writ in the nature of

Patna High Court CWJC No.40 of 2025(2) dt.07-01-2025 2/3

Mandamus, commanding and directing the respondent nos. 3 to 7 to produce on record the recommendation of Gram Panchayat, the Circle Officer and the final order passed by the respondent no. 3 by which they have decided to construct the Panchayat Sarkar Bhawan of Gram Panchayat Raj, Nawada in Plot Nos. 2258, 2266 and 2268 of Khata No. 884 situated in MauzaNawada, Thana No. 190, Circle- Jalalpur, DistrictSaran at Chapra and on production the same may be quashed by issuance of an appropriate writ in the nature of Certiorari on the ground that the said land in question which is a Gairmazarua Aam land has already been allotted to High School, Nawada by the decision of Gram Sabha and proposal for transfer is pending before the competent authority.

(ii) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authorities for construction of Panchayat Sarkar Bhawan for Gram Panchayat Raj, Nawada in Plot No. 1903 of Khata No. 702, situated in Mauza- Nawada, Thana No. 190 which was selected by Gram Panchayat in 2019 itself and proposal for construction of Panchayat Sarkar Bhawan is pending for consideration by the respondent no. 3 since then.

(iii) For issuance of any other appropriate writ / writs, order / orders, direction / directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.

Learned counsel for the petitioner outrightly submits that the detailed application of the petitioner (Annexure P-4/1) is still pending for consideration before the respondent no. 3 (District Magistrate, Saran at Chapra) and respondent no. 3 has not taken any decision with respect to the application of the petitioner as yet.

Patna High Court CWJC No.40 of 2025(2) dt.07-01-2025 3/3

In view of the aforesaid, the respondent no. 3 (District Magistrate, Saran at Chapra) is directed to dispose of the application of the petitioner in accordance with law within a period of four weeks after hearing the petitioner in person.

Accordingly, with the aforesaid direction, the present writ petition stands disposed of.

(Rajesh Kumar Verma, J)

Shahnawaz/-

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