IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.253 of 2023

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1.

Shailendra Kumar Son of Late Kameshwari Yadav, Resident of Village-

Birgaon, Ward No. 03, Police Station- Gwalpara (Arrar O.P), District-

Madhepura, at present posted as Sarpanch of Birgaon Chatra, District-

Madhepura.

2.

Uma Shankar Kumar Son of Late Chinay Yadav, Resident of Village-

Kalyanpatti, Police Station- Gwalpara, District- Madhepura.

3.

Raj Kumar Raja Son of Late Jay Narayan Prasad Yadav Resident of Village-

Bargaon, Ward No. 3, Police Station- Gwalpara (Arrar O.P), District-

Madhepura.

4.

Jagdish Prasad Yadav Son of Late Raghunai Yadav, Resident of Village-

Birgaon, Ward No. 03, Police Station- Gwalpara (Arrar O.P), District-

Madhepura.

5.

Krityanand Yadav Son of Late Maheshwari Yadav, Resident of Village-

Birgaon, Ward No. 03, Police Station- Gwalpara (Arrar O.P), District-

Madhepura.

6.

Brajesh Kumar Son of Shambhu Yadav Resident of Village- Birgaon, Ward

No. 04, Police Station- Gwalpara (Arrar O.P), District- Madhepura.

7.

Mohan Prasad Singh Son of Late Ambika Prasad Singh Resident of Village-

Birgaon, Ward No. 05, Police Station- Gwalpara (Arrar O.P), District-

Madhepura.

8.

Chandan Kumar Son of Nunulal Yadav Resident of Village- Birgaon, Ward

No. 03, Police Station- Gwalpara (Arrar O.P), District- Madhepura.

9.

Manish Kumar Son of Umesh Yadav Resident of Village- Birgaon, Ward No.

04, Police Station- Gwalpara (Arrar O.P), District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Panchayati Raj Department,

Patna.

2.

The Director, Panchayati Raj Department, Government of Bihar, Patna.

3.

The Commissioner, Koshi Division, Saharsa.

4.

The District Magistrate, Madhepura.

5.

The District Panchayat Raj Officer, Madhepura.

6.

The Sub Divisional Officer, Udakishunganj, District- Madhepura.

7.

The Block Development Officer, Gwalpara, District- Madhepura.

8.

The Circle Officer, Gwalpara, District- Madhepura.

9.

The Mukhiya, Gram Panchayat, Birgaon Chatra, District- Madhepura.

... ... Respondent/s

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Appearance :

Patna High Court CWJC No.253 of 2023 dt.20-01-2023

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For the Petitioner/s

:

Mr.Uday Chand Prasad, Advocate

For the Respondent/s

:

Mr.Ajay ( GA 5 )

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

(The proceedings of the Court are being conducted by Hon’ble the

Chief Justice/ Hon’ble Judges through Video Conferencing from

their residential offices/residences. Also, the Advocates and the

Staffs joined the proceedings through Video Conferencing from

their residences/offices.)

Date : 20-01-2023

Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

dated 12-05-2021 Annexure 1.

Patna High Court CWJC No.253 of 2023 dt.20-01-2023

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Learned counsel for the State opposes the petition

stating that the petition is misconceived; raises disputed

question of fact; is not in public interest; and that the issue can

be best resolved at the local level by the appropriate

authorities.

Patna High Court CWJC No.253 of 2023 dt.20-01-2023

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After the matter was heard for some time, finding the

Bench not to be in favour with the submissions made across the

Bar, learned counsel for the petitioners, under instructions,

states that petitioners shall be content if a direction is issued to

the authority concerned to consider and decide the

representation which the petitioners shall be filing within a

period of four weeks from today for redressal of the

grievance(s).

Learned counsel for the respondents states that if such

a representation is filed by the petitioners, the aut