IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.551 of 2005 1. Amana @ Amana Begum wife of Meraz Ansari, Member Panchayat Committee, Araria, resident of village-Kishmat Khabashpur (Palashi), P.S. Tarabari, District- Araria, 2. Md. Mushlim son of late Shekh Maksood, Ex- Sarpanch, resident of Village-Baturbari, P.S. Tarabari, District-Araria, 3. Maya Nand Choudhary son of Late Karelal Choudhary Member, Zila Parishad, Araria, Ar & P.O. and District-Araria, 4. Rajesh Pashwan son Baxi Paswan, Member Panchayat Samittee, Gram Panchayat Sahashmal, At & P.O. Sahashmal, District-Araria, 5. Subodh Kumar Jha son of late Ram Sunder Jha, Mukhia, Gram Panchayat Jamua, At & P.O. Jamua, P.S. Tarabari, District-Araria, 6. Ishrat wife of Md. Sushtaque, Member, Panchayat Samittee, Baluram, At & P.O. Baluram, P.S. Tarabari, District-Araria, 7. Md. Shoaib Alam son of late Sajrul Hussain, Mukhia, Gram Panchayat Batubari, At & P.O. Baturbari, P.S. Tarabari, District-Araria, 8. Sunita Jha wife of Ram Jha, Member, Panchyat Samittee, Kishmat Khabashpur, District-Araria, 9. Raghu Nandan Bishwash son of Sri Harihar Bishwash, resident of village-Baturbari, P.S. Tarabari, District-Araria, 10. Daya Nand Jha son of late Dukhan Jha, Secretary, Rekha Dyanand Samagic Vikash Parishad Plashi, Post-Pategana, District-Araria….. ….Petitioners Versus 1. The State Of Bihar, through the Chief Secretary Government of Bihar, Patna, 2. The Secretary-cum-Commissioner, Rural Development Department, Government of Bihar, Patna, 3. The Collector-cum-District Magistrate, Araria, 4. The District Development Commissioner-cum- Secretary, Zila Parishad, Araria, 5. The Chairman, Zila Parishad, Araria, 6. The Block Development Officer, Araria, 2 7. Naiyar Alam, Pramukh, Araria Block, District of Araria….. …..Respondents ----------- For the Petitioner : Mr. Purushottam Jha, Advocate For the State : Mr. Amarendra Kumar, A.C. to G.P. 8 ……………….. 7 08.09.2011 Petitioners seek direction to the respondent nos. 1 and 2 to accept and act accordingly upon the recommendations of respondent no.6 dated 12.1.04 and recommendation of respondent no.4 dated 13.2.04 by issuing proper notification in the name of Pategna as one of the new Blocks to be created by the State Government in compliance of its policy decision in place of Madanpur. A counter affidavit has been filed on behalf of respondent no.2 clearly stating therein that the State Government has taken decision in principle to create 53 new Blocks in the State and among the 53 new Blocks, Madanpur is also one of them. However, since there is no recommendation of concerned Panchayat Samittee in favour of Madanpur, it cannot be notified because it does not fulfil the provision of Section 33(A) of the Bihar Panchayat Raj Act (now under Section 35 of the amended Bihar Panchayat Raj Act, 2006). It has also 3 been submitted that in view of the order dated 23.10.2004 communicated by the Delimitation Commission prohibiting changes in the administrative unit till the delimitation of Parliamentary and Assembly Constituencies in the State, the policy could not be implemented. However, that part is now over. A supplementary counter affidavit has been filed on behalf of respondent nos. 3 and 4 clearly stating that a resolution for the creation of new Block, after splitting the Araria Block, namely Kusiragawan and Pategna had been passed in the meeting of Panchayat Samiti of Araria Block on 12.01.2004 and that was also approved in the Zila Parishad meeting of Araria District on 13.02.2004. It has also been clarified that no resolution has been passed earlier or at present time for creation of a new Block in the name of Madanpur. Admittedly, there is a policy of the State Government for creation of 53 new Blocks as described in counter affidavit filed on behalf of the State as above. In above view of the matter, liberty is granted to the petitioners to approach respondent no.2, i.e., the Secretary-cum-Commissioner, Rural Development 4 Department, Government of Bihar, Patna and file a representation along with a certified copy of this order. If the same is filed before respondent no.2, i.e., the Secretary-cum-Commissioner, Rural Development Department, Government of Bihar, Patna, then he would consider the same in accordance with law and the policy of the State Government. This disposes of the Writ application. Sanjay-II ( Dr. Ravi Ranjan, J.)