CIVIL WRIT JURISDICTION CASE No.3298 OF 1991 In the matter of an application under Articles 226 and 227 of the Constitution of India. --------- RAJENDRA PRASAD SINGH, Secretary, Gram Sabha, Machhariava, son of late Namdhari Singh, resident of Village – Machhariava, P. O. Bakipur Machhariava, P S – Fatuha, District – Patna --------------------- Petitioner Versus 1. The State of Bihar 2. The Revenue Minister, Government of Bihar, Patna 3. The Secretary, Revenue Department, Government of Bihar, Patna ------------------------ Respondents For the petitioner: Mr. SARVENDRA KUMAR VERMA For the respondents: Mr. Rana Ishwar Chandra, JC to GP 13 P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI ****** Ajay Kumar Tripathi, J. The background to the filing of the present writ application is the existence of what is known as Bihar Gram Dan Act, 1965. By virtue of this Act certain Gram Sabhas of the Gram Dan Village could be entrusted and empowered to exercise all powers, duties and functions of a Gram Panchayat under the Panchayat Raj Act 1947. The grievance of the petitioner is that even his village fulfils the condition and ought to have been notified and vested with similar powers. Since his request and demand in this regard has been ignored by the State Government the present writ application has been filed seeking a mandamus. Matter relates to the year 1990-91. The issue is finally taken up only in the year 2008. To use the expression “much water has - 2 - flown down the Gangage” over these years and with the 73rd Constitutional Amendment having taken place and the consequential legislation brought into place by the State Government it is the opinion of the Court that empowerment of the villages and various Panchayat including one under the Gram Dan Act have been sufficiently covered. In that view of the matter there is no occasion for this Court now to give any further direction or observation in this regard. The writ application therefore has lost its meaning in terms of the new developments both under the Constitution and under new law brought into place. The writ application therefore stands dismissed for the reasons indicated above. (Ajay Kumar Tripathi, J) Patna High Court; The 7th November, 2008 R K Pathak, (NAFR)