IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4125 of 2009 AMIT KUMAR SINGH son of Yamuna Singh Rathor, Resident of village Taroiyan, P.S. Ramgarh, Dist. Kaimur (Bhabua) …..Petitioner Versus 1. THE STATE OF BIHAR 2. District Magistrate cum Collector., Kaimur, (Bhabua) 3.D.D.C, Kaimur, (Bhabua) 4. B.D.O. ,Ramgarh, Kaimur (Bhabua) 5. S.D.O., Ramgarh, Kaimur( Bhabua) 6. Chief Engineer, Minor Irrigation Department, Bihar, Patna. 7. Joint Engineer, Minor Irrigation Depaprtment, Ramgarh, Kaimur, (Bhabua) 8. Chanda Devi, wife of Sudama Ram, At present Mukhiya of Gram Panchayat Mahuwar, P.S. Ramgarh, Dist. Kaimur (Bhabua) 9. Shiv Bachan Singh son of late Parasuram Singh, village Taroiyan, P.S. Ramgarh, Dist. Kaimur, (Bhabua) …. Respondents. ----------- 3 17.4.2009 This application has been filed by the petitioner for issuance of a direction to the respondents to implement the decision which has been taken on 1.2.2009 in the Aam Sabha of Gram Panchayat Mahuwar, P.S. Ramgarh, and Dist. Kaimur (Bhabua) for construction of Tube Well at Plot No.132, Khata No.04 situated in the village Taroiyan, P.S. Ramgarh, District Kaimur (Bhabua). Further case of the petitioner is that after selection of place in the Aam Sabha, the Mukhiya respondent no.8 on the same date without assigning any reason or holding any Aam Sabha issued a notice canceling its decision as taken on 1.2.2009 and changed the place for constructing the Tube Well. It is submitted on behalf of the petitioner that the decision which was taken earlier was correct as there is no irrigation facility and the place where the another decision has been taken to construct a Tube well has good facility of irrigation and Mukhiya has illegally due to influence of rich persons in order to favour them changed - 2 - its earlier decision which is unjust and improper. We are of the view that the dispute of setting up of tube well in this village or that village cannot be decided by this Court under Article 226 of the Constitution of India. If the petitioner is aggrieved by the decision of the respondent no. 8 (Mukhiya) he may file a representation before the respondents for setting up a tube well in his village and if such a representation is filed by the petitioner ,this should be considered by them. This application is disposed of with the above observation. (J.B.Koshy, CJ) (Dr. RAvi Ranjan, J). Rahman/