IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16755 of 2010 NUNESHWAR RAM SON OF LATE ISHWARI RAM @ JATO RAM, R/O VILLAGE, PADMAVAT, P.S. JAMUI, DIST-JAMUI, PRESENTLY HOLDING THE POST OF : …………………………………...PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY RURAL DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, JAMUI. 4. THE DISTRICT PANCHAYAT RAJ OFFICER, JAMUI, DIST-JAMUI. 5. THE BLOCK DEVELOPMENT OFFICER, JAMUI, DISTRICT- JAMUI……………………………………………………..RESPONDENTS. ----------- 02/ 04-Oct-2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. In 1994 the Headquarters of Chaudiha Gram Panchayat was declared to be Village, Chaudiha. Now, by way of public interest litigation a dispute has been raised that Village- Padmavat which is a part of that Panchayat has more population than that of Village- Chaudiha as per report obtained from Right to Information Act. 3. Learned counsel for the State submits that the Policy decision contained in Annexure-1 permits exception to the general Rule of higher population as the determining factor for Headquarters of a Panchayat. The Proviso to Class-4 in Annexure-1 provides that if in a particular area population of SC ST or other 2 Backward Classes is found to be more than 50% of the total population then the Headquarters of the Panchayat should be situated in such village only. 4. There may be a genuine dispute based upon figures of population of different caste or class but in our view as the Headquarters has continued in Village-Chaudiha since 1994, the present litigation cannot be treated to be a public interest litigation. 5. The issues relevant for deciding the Headquarters of a Panchayat must be brought to the notice of the concerned authorities of Panchayati Raj Department, Government of Bihar through proper representation. If representation is filed by the petitioner before respondent no.4 the District Panchayat Raj Officer, Jamui, in that event, the said Officer in consultation with other competent officers or higher officials shall dispose of the representation within the period of three months from the filing of a copy of this order. perwez ( Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)