MOHD KARIM UDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 3-8-1991 issued by the Collector, Begusarai (respondent No. 3) whereby the B.D.O., Matihari (respondent No. 3) has been directed to conduct the work of Jawahar Rojgar Yogna of Mahandrapur and Bagdob Gram Panchayat and the account of the concerned Gram Panchayat was directed to be operated under the joint signature of respondent No. 5 and the Panchayat sewak of the concerned Gram Panchayat. It has further been prayed that a writ of or in the nature of mandamus be issued directing the respondent No. 3 to implement the Gazette notification dated 25-1-1991 with a further direction to respondent No. 2 to take steps for bifurcation of the Gram Panchayat, namely Gorgama.

(2.) The facts of the matter are as follows ; The petitioners were the residents of Mhendrapur Gram Panchayat. The said Gram Panchayat was constituted under Section 3 (1) of Panchayat Raj Act by a notification dated 13-9-1960. In the year 1979-80 the entire village Mahendrapur was submerged in the bed of river Ganga because of changes of its course and the inhabitants of the said village were settled in different villages namely, Dariapur, Kashimpur and Balahpur. The number of the residents of the said village was 12000 (twelve thousand) out of which 8200 settled in Gorgama Panchayat and the rest in Balahpur Gram Panchayat. According to the petitioners all the four villages of Mahendrapur Gram Panchayat are now uninhabited which would appear from Annexure-3 to the writ application.

(3.) The District Panchayat Raj Officer, Begusarai, has also submitted a report in this connection on 19-10-1983. Similar report dated 9-8-1985 was also submitted by the Block Development Officer. The Deputy Panchayat Raj by letter dated 6-12-1986, as contained in Annexure 6 to the writ application directed that the inhabitants of Mahandrapur who have rehabilitated in other Grampanchayat be included in the Voter's list of the Panchayats concerned where they have rehabilitated. A proposal had also been sent for alteration of the local limits of the jurisdiction of Mahendrapur Gram Panchayat but the same had not been done. The Deputy Director, Panchayat Raj also by letter dated 27-10-1987 sought for some information from the District Panchayat Raj Officer about the date of notification in the official Gazette and the said information was supplied on 11-12-1987, however, Mahendrapur Gram Panchayat has not yet been denotified.