IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18579 of 2009 1. BIHAR RAJYA ZILA PARISHAD KARAMCHARI MAHA SANGH HAVING ITS HEAD OFFICE AT ZILA PARISHAD KARAMCHARI BISHRAM GRIH, PATNA, TOWN AND DISTT. PATNA THROUGH ITS GENERAL SECRETARY SRI DIWAKAR THAKUR, S/O LATE KAMESHWAR THAKUR, R/O VILL- RAJKHAND, P.S. AURAI, DISTT. MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY BIHAR, PATNA 2. THE SECRETARY PANCHAYATI RAJ DEPTT., BIHAR, PATNA 3. THE DIRECTOR PANCHAYATI RAJ DEPTT., BIHAR, PATNA 4. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER ZILA PARISHAD, DARBHANGA OF LAHERIA SARAI, P.S. LAHERIA SARAI, DISTT. DARBHANGA 5. THE CHAIRMAN ZILA PARISHAD, DARBHANGA AT LAHERIA SARAI, P.S. LAHERIA SARAI, DISTT. DARBHANGA 6. THE REGIONAL DIRECTOR INDIRA GANDHI OPEN UNIVERSITY, REG. AND CENTRE DARBHANGA, L.N.M.U. CAMPUS, NEAR CENTRAL BANK, DARBHANGA 7. THE DISTRICT ENGINEER ZILA PARISHAD, DARBHANGA ----------- 02. 28.02.2011 Heard learned counsel for the petitioner, for the State, for the Zila Parishad and respondent no.6. The petitioner is stated to be a registered association of employees of the Zila Parishad, aggrieved by the proposal of the Zila Parishad, approved by the State Government to lease out certain lands to private respondent no.6 for establishment of an education institution, I.G.N.O.U. It is their contention that the lands can be leased out for more suitable commercial purposes to generate more revenue. Prima facie these are executive matters with which the Court under Article 226 of the Constitution 2 shall not interfere, unless there have been violation of any statutory provisions or serious allegations of mala fide are made out. Presently no such case has been made out by the petitioner. Paragraph 9 of the counter affidavit of the Deputy Secretary, Panchayati Raj states that the State Government has approved the proposal under Section 80 (1) of the Bihar Panchayati Raj Act, 2006 which reads as follows:- “80 Power to acquire, hold and dispose of property –(1) A Zila Parishad shall have the power to acquire, hold and dispose of property and to enter into contracts: Provided that in all cases of disposal of immovable property, the Zila Parishad shall obtain the previous approval of the Government.” In contra distinction is the counter affidavit of the Zila Parishad affirmed by the Deputy Development Commissioner casting aspersions on the State Government at paragraph-8. This is a matter for the State to resolve. Since the issue is between the Zila Parishad and the Department of Panchayati Raj, it shall not be appropriate to refer this matter to the Secretary, Department of Panchayati Raj. The writ petition raising only issues of an administrative imbroglio, is referred to the Chief Secretary, of the State of Bihar for an 3 appropriate decision by him or by other authority as he may deem fit. The application stands disposed. P.K. ( Navin Sinha, J.)