ARJUN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners who are ex -Mukhiya and residents of Nadnama Panchayat are aggrieved by the inclusion of the said Panchayat in the newly created Ramgarh Chowk block comprising of Nonegarh, Tetarhat, Nandnama, Billo Surari Imam Nagar, 'Sharma, Aure and Bhawaria Panchayats from Halsi and Lakhisarai blocks. Out of the aforesaid eight Panchayats five were in Halsi Block while the remaining three were in Lakhisarai block.

(2.) THE grievance of the petitioners is that in terms of the relevant provisions of the Bihar Panchayat Samiti and Zila Parishad Act, 1961 a new block cannot be created without consulting the Gram Panchayats, Panchayat Samiti and Zila Parishad. Since In the present case no such consultation was made, the decision to create the aforesaid block is illegal. Reliance in support of the contention has been placed on an order of this Court in the case of Naresh Kumar Sharma vs. The State of Bihar, CWJC No. 6309 of 1993.

(3.) COUNSEL for the State submitted that after the Gram Panchayats Samitis and Zila Parishads ceased to exist following the direction of the Supreme Corut in Rural Litigation and Entitlement Kendra vs. Government of U.P., Civil Writ Petition No. 719/95, the powers and functions of those bodies are being performed by the concerned District Magistrates and as would appear from Annexure -2, enclosed by the petitioner himself, that the District Magistrate -cum -Deputy Development Commissioner, Lakhisarai had already recommended the creation of the new block called Ramgarh Chowk Block vide his letter dated 12.9.88. The requirement of the statute was thus fully satisfied.