Prabhat Kumar Sinha vs The State of Bihar and Another

This Public Interest Litigation has been filed by the petitioner seeking a mandamus to the State Government for making Gram Katchahry envisioned under Chapter VI of the Bihar Panchayat Raj Act, 2006 functional. We find from the counter that Gram Katchahry has been constituted in terms of Section 90 of the Bihar Panchayat Raj Act. At the time of filing of this petition the Katchahries were not functioning for want of appointment of Nyaya Mitra. Now a statement has been made on behalf of the respondent that in majority of Gram Katchahries, Nyaya Mitras have also been appointed in accordance with the provisions of the Act and steps are being taken so that Nyaya Mitras in remaining Katchahries are also appointed as early as possible.

About the grievance of the petitioner about notifying date of commencement of Gram Katchahries it has been pointed out by the learned counsel for the respondents that every Gram Katchahry comes in force automatically from the date fixed for its first meeting after it has been constituted and such constitution has been published in the District Gazette, therefore no separate publication of notification for commencement is required under the law.

That being so, no present cause survives for the petitioner to proceed further. Accordingly, this petition is dismissed. However, it is without prejudice to any grievance that may be raised independently in respect of specific cases where Gram Katchahry is not functioning, on account of any inaction on the part of respondents.