RAJ NANDAN BHAGAT Vs. RAM SAGAR SINGH

JUDGEMENT

(1.) THE appeal has been filed against the order dated 19.2.2003 passed in CWJC No. 12586 of 2002 directing that the District Magistrate, Vaishali shall require the Block Development Officer -cum -Secretary, Panchayat Samiti to convene a meeting on receipt of copy of the order and if he apprehends law and order problem in the meeting then he can request for police assistance.

(2.) THE relevant facts of the case are that village Bajitpur Bhadwas is basically a scheduled castes dominated village and in order to uplift/improve the condition/standard of the residents of the village an Anganwari Kendra was established in the village. There was no building and as such Anganwari Kendra was running under the open sky.

(3.) THE appellant after receipt of the work order started construction work and by 10.5.1998 and construction was made upto the plinth level on investment of Rs. 17,901/ -. While construction was going on some interested persons filed representation for change of the site for construction of the Anganwari building. On the direction of the District Magistrate, the Block Development Officer stopped the construction work. Respondent No.1, Ram Sagar Singh filed a writ petition bearing C.W.J.C. No. 5575 of 1998 as Public Interest Litigation for change of the site of construction of the Anganwari building. The said writ petition was dismissed on 23.4.2002 with observation that issue involved was whether the Anganwari building was being constructed on the private land at village Bajitpur Bhadwas and if the petitioner is so serious may raise such issue before the local Gram Panchayat. However, no order to restart the work was issued and on the application filed by the Mukhiya of the Gram Panchayat the District Magistrate stayed the construction work vide order dated 5.3.2002 as contained in the application dated 25.2.2002, annexure -14. The appellant filed CWJC No. 8598. of 2002 for quashing the order dated 5.3.2002, Annexure -14 passed by the District Magistrate. A Bench of this Court after hearing the parties and taking into consideration the counter affidavit filed by the respondents found that the site for construction of the Anganwari building was approved in the Gram Sabha of the village and in the counter affidavit the claim of the petitioner of the writ petition with respect to the selection of the site for construction of the building at the selected site was not controverted rather the same has been accepted. The Court held that after coming into force of the Panchayat Raj Act and the election being conducted, there has been dissolution of the power at the village level. The District Magistrate cannot become authority to stay or supersede any action of the Gram Panchayat and accordingly by order dated 11.9.2002 quashed the order of stay passed by the District Magistrate. Thereafter one Manoj Singh filed a review petition bearing no. 158/2002. The said review petition was dismissed on 14.1.2003.