Patna High Court
Asarafi KhatoonversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The application is dismissed as withdrawn.
Summary
Asarafi Khatoon filed a writ petition in the Patna High Court seeking to quash a requisition and a letter issued by the Block Development Officer, alleging that they violated mandatory provisions of the Bihar Panchayat Raj Act, 2006. The petitioner claimed the requisition was improperly routed and the letter lacked charge details, requesting certiorari and mandamus reliefs. The petition also sought directions for the BDO to follow Supreme Court guidelines on no‑confidence motions. During the hearing, the petitioner’s counsel sought permission to withdraw the application. The Court allowed the withdrawal and dismissed the application as withdrawn.
Issues considered
- Whether the requisition dated NIL and letter no. 321 dated 30/03/2026 violate mandatory provisions of the Bihar Panchayat Raj Act, 2006
- Whether the petitioner is entitled to the reliefs of certiorari and mandamus sought
Legislation cited
Subjects
- writ petition
- certiorari
- mandamus
- Bihar Panchayat Raj Act
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5021 of 2026
======================================================
Asarafi Khatoon Wife of Julkharnain Haidar, Resident of Village Kansua, P.O.
Ratni Bazar, P.S. Sakurabad, District-Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Panchayati Raj Department, Government of Bihar, Patna
3. The District Magistrate, Jehanabad.
4. The Block Panchayat Raj Officer, Ratni Faridpur, District Jehanabad.
5. The Block Development Officer-cum-Executive Officer, Ratni Faridpur,
Block Panchayat Samiti, District Jehanabad.
6. Pawan Kumar, S/o Suresh Yadav, R/o Village Rustamchak, P.S. Sakurabad,
District- Jehanabad.
7. Savita Devi, W/o Mithlesh Yadav, R/o Village Ratani, P.S. Sakurabad,
District- Jehanabad.
8. Ram Kumar Yadav, S/o Ram Chandra Singh, R/o Village Ibrahimpur, P.S.
Sakurabad, District- Jehanabad.
9. Pankaj Kumar, S/o Parmeshwar Singh, R/o Village and P.O. Nuawa,
Sakurabad, District- Jehanabad.
10. Shivmani Kumari, W/o Mantosh Kumar, R/o Village Panditpur, P.S.
Sakurabad, District- Jehanabad.
11. Rinku Kumari, W/o Subodh Paswan, R/o Villageand Post Aira, P.S.
Sakurabad, District- Jehanabad.
12. Rinki Devi, W/o Manoj Kumari, R/o Village Bishunpura, P.S. Parsabigha,
District Jehanabad.
13. Afaque Alam, S/o Md. Jamalludin, R/o Village Kendui, P.O. Abgila, District
Jehanabad, Bihar.
14. Ram Kumar, S/o Vida Prasad, R/o Village Oinalakhapur, P.S. Parsabigha,
District- Jehanabad.
15. Khodeja Khatoon, W/o Akhtar Sah, Resident of Village Ganankura, P.O.
Noawa, P.S. Sakurabad, District Jehanabad.
16. Uday Thakur, S/o Triveni Thakur, Resident of Village Kasma, P.S.
Parsabigha, District Jehanabad.
17. Renu Devi, W/o Ranjit Paswan, Resident of Village-Prijpura, P.O.
Sikandarpur, P.S. Sakurabad, District Jehanabad.
18. Shanti Kumari, W/o Akhlesh Cjoudhary, Resident of Village Dhanadihri,
P.S. Parasbigha, District Jehanabad.
19. Jitendra Yadav, S/o Kamesh Yadav, Resident of Village-Gayabigha, P.O.
Ghejan, P.S. Sakurabad, District-Jehanabad.
20. Soni Kumari, W/o Chandan Kumar, Resident of Village Ritabigha, P.S.
Patna High Court CWJC No.5021 of 2026(2) dt.15-04-2026
2/3
Parasbigha, District- Jehanabad.
21. Kiran Kumari, W/o Girjesh Kumar, Resident of Village Malahchak, P.O.
Soraiya, P.S. Parasbigha, District-Jehanabad.
22. Rajesh Kumar, S/o Manikchand Sao, Resident of Village-PO P.S. Sakurabad,
District- Jehanabad.
23. Sunita Devi, W/o Rajdev Prasad, Resident of Village Salempur, P.S.
Sakurabad, District- Jehanabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shambhavi Mansi, Advocate
Ms. Anamika Anshu, Advocate
For the Respondent/s : Standing Counsel-10
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-04-2026 The petitioner has filed the instant application for the
following relief :-
“a) To Issue an appropriate writ,
order or direction, including a writ in the nature
of Certiorari, for quashing the impugned
requisition dated NIL (Annexure P/1) which was
not given to the Pramukh but was routed through
Executive officer cum BDO whereby vague
charges have been made against the petitioner in
violation of the mandatory provisions of the
Bihar Panchayat Raj Act, 2006;
b) To Issue an appropriate writ, order
or direction, including a writ in the nature of
Certiorari, for quashing the impugned letter no
321 dated 30/03/2026(Annexure P/2) whereby
the said letter has been issued by the Executive
officer without mentioning charges on it in
complete violation of the mandatory provisions
of the Bihar Panchayat Raj Act, 2006
Patna High Court CWJC No.5021 of 2026(2) dt.15-04-2026
3/3
c) To Issue an appropriate writ, order
or direction, including a writ in the nature of
Mandamus, restraining the respondents from
giving effect to the impugned requisition;
d) To Issue an appropriate writ, order
or direction, including a writ in the nature of
Mandamus directing the BDO cum Executive
officer to strictly follow the judicial guidelines
laid down by Honourable Supreme court for No
Confidence motions brought against the
Pramukh/elected representatives in Bihar in SLP
(Diary No) 2168/2025.
e) Issue any other writ, order or
direction as this Hon’ble Court may deem fit and
proper in the interest of justice;”
2. Learned counsel for the petitioner seeks permission
to withdraw this application.
3. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
avinash/-
U
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