IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5523 of 2009 SMT.ANITA DEVI @ SMT.CHANDRA KALA DEVI, WIFE OF SANT ATMA RAM, THE MUKHIYA GRAM PANCHAYAT RAJ BADRAM, PS- HUSSAINGANJ, DISTT- SIWAN--PETITIONER Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECY,GOVT. OF BIHAR,PATNA 3. THE D.M.-CUM-COLLECTOR, SIWAN 4. THE DISTRICT PANCHAYAT RAJ PADADHIKARI,SIWAN 5. THE S.D.O., SIWAN 6. THE B.D.O. HUSSAINGANJ,SIWAN 7. THE BRANCH MANAGER,ALLAHABAD BANK,BADRAM HUSSAINGANJ,DISTT-SIWAN---RESPONDENTS. ----------- 3 20.7.2009 Heard learned counsel for the petitioner and learned counsel for the State. The Court is constrained to record that despite categorical direction issued on 30.4.2009 the District Panchayat Raj Padadhikari, Siwan has not bothered to file counter affidavit in the matter and explain the position. The act of the District Panchayat Officer is hereby deprecated because the proceeding has been held back all the months and the direction has not been complied with by the concerned State Authority. Initially the writ application in question came to be filed by the petitioner, namely, Smt. Anita Devi @ Smt. Chandra Kala Devi because by virtue of the direction issued by the so called Panchayat Raj Officer the operation of the Bank Account No.7012 came to be stopped. Certain allegations were made against the petitioner that she was operating two Bank Accounts, one in the name of Chandra Kala Devi earlier as a Secretary of the Schools and thereafter other in the name of Anita Devi when she became a Mukhiya after being elected in the name - 2 - of Anita Devi. In this context some kind of enquiry has come to be held by the S.D.O. which has been brought on record by the petitioner and is dated 11.11.2007. From the said enquiry report this basic fact does not stand disputed that there are bank accounts one operating in the name of Anita Devi and other in the name of Chandra Kala Devi i.e. before the election. That matter has not been explained in the enquiry report. The concern of the court is that the work of the development of the Panchayat may not be hampered till the decision came to be taken due to freezing of the bank account in question. In this regard the Court gives a direction upon the District Magistrate, Siwan that he shall direct the proper authority to work out the mechanism so that account may be regulated and work of the Panchayat and the development of the same do not suffer. The District Magistrate shall see that the concerned authority puts the mechanisms in place at the earliest. So far as the other aspect is concerned, it is left open to the authority to take an appropriate decision in the matter as the Court does not want to express any opinion in this regard. This Court is also constrained to record that the District Magistrate, Siwan shall also look into the conduct of the District Panchayat Raj Officer as to why he has not filed the counter affidavit till date. This Court expects a decision in the matter within - 3 - four weeks from the date of production/communication of a copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)