IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15328 of 2009 4 10.12.2010 1. KAPIL DEO MISHRA S/O LATE RAMJI MISHRA R/OVILL MORWA, P.S. MUSARIGHARARI, DISTT- SAMASTIPUR ….. PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, DIRECTORATE OF PANCHAYATI RAJ BIHAR, PATNA 3. THE DISTRICT MAGISTRATE SAMASTIPUR 4. THE SUPRINTENDENT OF POLICE SAMASTIPUR 5. THE DISTRICT PANCHAYATI RAJ OFFICER SAMASTIPUR 6. THE S.D.O. SAMASTIPUR 7. THE BLOCK DEVELOPMENT OFFICER SAMASTIPUR 8. THE OFFICER- IN- CHARGE, TAJPUR POLICE STATION, SAMASTIPUR 9. THE MUKHIYA GRAM PANCHAYAT RAJ MORWA NORTH P.S.TAJPUR, DISTT- SAMASTIPUR 10. THE PANCHAYAT SECRETARY , MORWA NORTH GRAM PANCHAYAT P.S.TAJPUR, DISTT- SAMASTIPUR 11. THE MORWA NORTH GRAM KACHAHARY THROUGH ITS SARPANCH P.S.MUSARIGHARARI,DISTT- SAMASTIPUR 12. DINESHWAR JHA S/O NOT KNOWN R/OVILL MORWA, P.S. MUSARIGHARARI, DISTT- SAMASTIPUR ….. RESPONDENTS --------- For the Petitioner : Mr Sushil Kumar Jha, Advocate For the State : M/s Ram Chandra Pd. Bharti, SC 14 and Ajay Kumar, AC to SC 14 --------- Heard learned counsel for the petitioner and learned counsel for the State. - 2 - The petitioner claims to be a resident of village Morwa, PS Musarigharari, district Samastipur. He has preferred this public interest litigation to command the respondents to act as per Section 26 (1) of the Bihar Panchayat Raj Act, 2006 and also to give due value and comply with the orders of the Gram Kachahary per its jurisdiction. The annexures to the writ petition show that there is a dispute as to where the Anganbari Centre of the local Gram Panchayat should be situated. The prayer for enforcement of legal provision cannot serve public interest and petitioner must carefully place his demand which can serve public interest and which he thinks to be in accordance with law before the District Magistrate, Samastipur. If such a demand through a representation is preferred before the District Magistrate then the District Magistrate shall dispose of the representation in accordance with law keeping in view the general law that unless there are legal or statutory restrictions, the Gram Panchayat should be allowed to act as per its wisdom and decision taken in accordance - 3 - with law. The representation should be disposed of expeditiously, preferably within four months. The writ petition is disposed of. sk (Shiva Kirti Singh, J.) (Dr Ravi Ranjan,J.)