B.B.MANGALMURTI,J. - (1.) Heard learned counsel for the petitioner and learned S.C. I appearing on behalf of respondents.
(2.) Instant writ application has been filed for the following reliefs:- (A) For an appropriate writ in the nature of mandamus commanding upon the respondents particularly respondents nos.2, 3 and 4 to send to this Hon'ble Court all the records appertaining to the construction of the Panchayat Bhawan of Bhalutand Gram Panchayat on the raiyati land of a raiyat instead of constructing the said Gram Panchayat Bhawan over Gairmazarua land of the State of Jharkhand, for which a resolution was taken by the Aam Sabha of Panchayat Bhalutand. (B) Thereafter to direct and restrain the respondent nos.2, 3 and 4 from constructing the Gram Panchayat Bhawan on the raiyati land of a raiyat against the resolution taken in the Aam Sabha. (C) For a further direction upon the respondents, particularly respondent nos.2, 3 and 4 to construct the Gram Panchayat Bhawan on the Gairmazarua land of the State of Jharkhand for which respondent no.4 i.e. Circle Officer of Raj Dhanwar Block had already intimated and given in writing to the competent authorities of the State. (D) For any other appropriate writ/writs, order/orders and/or direction/directions that may deem fit and proper for doing conscionable justice to the petitioner in the facts and circumstances of the present case.
(3.) Learned counsel for the petitioner submitted that he being a member of Zila Parishad, Giridih has approached this Court as the construction of Gram Panchayat Bhawan has been ordered to be constructed on Raiyati land although the same could have been constructed on Gairmazarua land belonging to the State of Jharkhand but the authority concerned are adamant to construct the same on the land gifted by a Raiyat who is respondent no.5. He also submitted that a Gram Sabha was also held on 21.05.2011 in the Chairmanship of Shri Shankar Paswan, Up-Mukhiya where it was resolved that the Panchayat Bhawan which was to be constructed over Khata No.48, Plot No.414 as resolved on earlier occasion be cancelled and the same be constructed on other site. This resolution has been attached as Annexure-2. This petitioner being member of Zila Parishad approached Sub Divisional Officer, Giridih on 18.05.2011 (Anneuxre-3) and thereafter also approached Deputy Commissioner, Giridih on 02.06.2011 (Annexure-4) but they have not responded to his letter.;