IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5702 of 2010 Abdul Hafiz s/o late Taj Mohammad, r/o village Gerar, P.S. Andar, P.O. Hussainganj, District - Siwan Versus 1. The State Of Bihar 2. Secretary, Department of Rural Development, Govt. of Bihar, Patna 3. Additional Secretary, Department of Rural Development, Govt. of Bihar, Patna 4. District Magistrate, Siwan 5. Block Development Officer, Hussainganj, Siwan 6. Block Development Officer, Jiradei, Siwan 7. District Panchayat Raj Officer, Siwan ----------- For the petitioner: Mr.Ajay Kumar Thakur, Mr. Amir Alam, Advocates For the State: Mr. Prabhat Kumar Singh, SC XXI 2 5/4/2010 Heard Mr. A. K. Thakur, learned counsel for the petitioner, and Mr. P.K.Singh, learned counsel for the State. In this public interest litigation the petitioner has challenged the notification no.9833 dated 21.9.1998 and the order as contained in memo no.653 dated 11.8.2005. By the notification dated 21.9.1998 Gerar Gram Panchayat under Hussainganj Block was included in Ziradei Block and by the second order the District Magistrate, Siwan had directed for construction and functioning of the Block at Ziradei. It is submitted by Mr. Thakur, learned counsel for the petitioner, that there is no justification for inclusion of Gerar Gram panchayat in Ziradei Block. It is urged by 2 him that a number of representations were made but no action has been taken. It is worth noting that the inclusion of the said Gram Panchayat in Ziradei Block took place in the year 1998 and the Block became functional in 2005 after construction of the building. In view of aforesaid factual matrix such a public interest litigation is not tenable. That apart the inclusion of a particular Panchayat in a particular Block is within the domain of the State Government and that can only be assailed if there is any kind of statutory violation. On a query being made, Mr. Thakur, learned counsel for the petitioner, fairly stated that there is no statutory violation. In absence of any statutory violation, we are disposed to think that the grievance that has been pyramided with immense ingenuity has to founder and accordingly we are compelled to hold that the writ petition has to pave the path of its nemesis and accordingly it is so directed. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.) 3