IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13908 of 2009 Ganesh Bhagat, son of late Khakhanu Bhagat, resident of village – Bhagwanpur Pakari, PO – Manikpur, Pakari, P S – Lalganj, District – Vaishali - Petitioner Versus 1 The State of Bihar through Collector, Vaishali at Hajipur 2 Mosafir Paswan, son of not known, at present working as Sarpanch, Gram Kachahari, Laxaminarainpur, Prakhand – Lalganj, District – Vaishali at Hajipur 3 Sitaram Bhagat, son of late Khakhanu Bhagat, resident of Village – Bhagwanpur Pakari, P O – Manikpur Pakari, P S – Lalganj, District – Vaishali at Hajipur - Respondents ----------- 2 27.10.2009 It appears one Sitaram Bhagat filed a Partition Case No 8 of 2009 before the Gram Kutchehry, Laxminarainpur, Prakhand – Lalganj, district – Vaishali. On 03.07.2009, the application of respondent No 3 was allowed. Petitioner being aggrieved by the said decision intended to file appeal against the said order before the Sarpanch of the Gram Kutchehry as provided under Section 112 of the Bihar Panchayati Raj Act, 2006. The Sarpanch, it is submitted, did not accept the filing of the appeal itself. Petitioner then approached the Collector, Vaishali for a direction to the Sarpanch to entertain the appeal but the Collector of the district has done nothing in the matter. The result is that the petitioner has been left with no remedy. Without going into the merits of the claims and the correctness of the assertions, I direct the Sarpanch of the concerned Gram Panchayat to admit the filing of the appeal which he is statutorily bound to do in terms of Section 112 of the Act. He has no discretion in the matter. Having admitted the appeal, he would decide it on merit which is his statutory duly after due notice to the parties concerned. - 2 - The decision shall be taken within six months from the date the appeal is admitted. The petitioner to file appeal alongwith copy of order of this Court before the Sarpanch of the concerned Gram Panchayat and in case the Sarpanch still does not receive the appeal and register it, the same shall be sent by registered post to him clearly indicating his refusal to accept it. That would be deemed filing. This contingency should not arise. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)