IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11923 of 2008 NUNUWATI DEVI, Wife of Late Lalitdev Singh, Ward Member of Ward No. 11 of Sanha East Gram Panchayat, village-Paraura, P.O.-Sanha, Block- Sahebpur Kamal, District-Begusarai. ……….Petitioner. Versus 1. The State of Bihar. 2. The Secretary of Panchayati Raj Department, Government of Bihar, Patna. 3. The Collector, Begusarai. 4. The Deputy Development Commissioner, Begusarai. 5. The S.D.O., Balia, District-Begusarai. 6. The District Panchayat Officer, Begusarai. 7. The Block Development Officer, Sahebpur Kamal, District-Begusarai. 8. The Mukhiya, Sanha East Gram Panchayat Village-Paraura, P.O.-Sanha, Block-Sahebpur Kamal, District-Begusarai. ………..Respondents. ----------- 3/ 24.02.2010 This writ application has been filed for issuance of a writ of mandamus to the respondent state to take action in terms of Section 18 (5) of the Bihar Panchayat Raj Act, for removal of the Mukhiya. In my view, no writ of mandamus can issue because the duty cast upon the State Government is discretionary unless the State Government is satisfied that situation so demands. They are not required to act in the matter and, as such, a writ of mandamus cannot issue. It would, however, be open to the petitioner to move the State Government bringing to their notice the alleged activities, which in their opinion, justifies removal of the Mukhiya. The State Government would take a decision in this matter within a period of one month, on such an application is made. The writ application is, accordingly, disposed of. Sanjeet/ (Navaniti Prasad Singh, J.)