IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5602 of 2004 KUSHESHWAR MAHTO son of Late Balchand Mahto R/o village Chakahledad, Khajuri, P.O. Khajuri Chak, P.S. Ghataho, Circle Saraiganj, District Samastipur…………………………Petitioner. Versus 1.THE STATE OF BIHAR Through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The District Magistrate, Samastipur. 3. The Subdivisional Officer, Samastipur. 4. The Circule Officer, Sarairanjan, District Samastipur. 5. Brahamdeo Mahto S/o late Tetar Mahto, R/O village Chakahledad, Khajuri P.O. Akhtiyarpur, Kajuri, P.S. Saraiganj Via Dalsinghsarai, District Samastipur. 6. Raj Kishore Rai, panchayat Sevak, Block Saraiganj, Samastipur. 7. Grampanchayat Raj narghooghi, Block, Saraiganjan, Disitrict Samastipur ……Respondents. ----------- For the petitioner : Mr.Kumod Kumar Srivastava, Adv. For the State : Mr.Fakhruddin Ali Ahmad, A.C. to S.C. III For respondent no. 5 : Mrs..Namrata Mishra, Adv. ----------- 7 28.03.2011 Heard the parties. 2. The petitioner has filed the present writ petition under Article 226 of the Constitution of India raising a grievance that a Community House is proposed to be constructed on a public road bearing Plot No. 734 (New Road) in village Chakahledad Khajuri under Grampanchayat Raj Narghoghi in the District of Samastipur. It is submitted that fund for construction of Community House has been provided by the State of Bihar, but due to objection raised by the petitioner and other persons, Community House has not yet been constructed. 3. In the considered opinion of this Court, the petitioner is required to approach the respondent District Magistrate, Samastipur for redressal of his grievances. 2 4. Accordingly, the petitioner is directed to appear before the District Magistrate, Samastipur within a period of four weeks from today with a detailed representation raising his grievances regarding construction of Community House over the land in question. If the petitioner appears before the respondent District Magistrate, Samastipur, within the time prescribed with a detailed representation and a certified copy of the present order, then the respondent District Magistrate, shall be obliged to consider the same and shall further be obliged to dispose of the matter within a period of three months, after affording an opportunity of hearing to all concerned, by a speaking order and necessary direction, if need be. However, it goes without saying that if the petitioner does not file such a representation along with a copy of this order, within the time prescribed by this Court, then it shall be construed that the writ petition stood finally rejected by this Court. 5. With the aforesaid observation and direction the writ petition stands disposed of. Rahman/ ( Birendra Prasad Verma, J.)