Patna High Court
Om Prakash Suman vs The State Of Bihar on 5 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17596 of 2021
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Om Prakash Suman son of Ramakant Sahani, resident of Village Chak Abdul
Rahman, Garm Panchayat-Aadi Gopalpur, P.s. Bochahan, District-
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, the Panchayat Raj
Department, Bihar, Patna.
2. The Secretary, the Rural Works Department, Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The Deputy Development Commissioner, District-Muzaffarpur.
5. The Junior Engineer, Gram Panchayat Raj, Aadi Gopalpur, Block,
Bochahan.
6. The Block Development Officer, Bochahan.
7. The District Panchayat Raj, Muzaffarpur.
8. Manju Devi, Wife of Muna Kumar Ward Member-12 along with other ward
members of the Gram Panchayat Raj Aadi Gopalpur, Block Bochahan.
9. Mukhiya Gram Panchayat Raj Aadi Gopalpur.
10. Panchayat Secretary, Gram Panchayat Raj Aadi Gopalpur.
11. The Officer-In-Charge Bochahan.
12. Awash Sahayak at Gram Panchayat Raj Aadi Gopalpur Block Bochahan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Hans Lal Kumar, Advocate
For the Respondent/s : Mr.Pushkar Narain Shahi (AAG 6)
Mr. Patanjali Rishi, AC to AAG 6
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-10-2021
This application has been preferred praying inter
alia for the following relief/s:
Patna High Court CWJC No.17596 of 2021 dt.05-10-2021
"(i) For issuance of writ in the nature of
mandamus and directing and commanding the
respondents to enquire upon all the developments
schemes is the Gram Panchayat Raj Aadi Gopalpur,
Block Bochahan, District- Muzaffarpur i.e. Indra Awash
Yojana, Har Nal Ka Jal Yojana, P.C.C. etc. and after
inquiry, make direction to take appropriate steps against
the involved persons and penelised according with law,
hereby and whereunder the respondents authorities have
made irregularities and illegalities for an embezzlement
of Govt. money and fraud business of the Govt. money
with collusion of the Govt. Officials as well as Mukhia
of the concerned Gram Panchayat Raj and ward
members.
(ii) For further direction to the respondent
authorities to comply the vide order dated 27/12/2018
passed by the Additional Collector, (Public Claims
Redressal Officer) District- Muzaffarpur in 1st Appeal
No.- 51411 80 29061 800874/IA and also order dated
12/09/2018 passed by the Sub-Divisional Public Claim
Redressal Officer, East Muzaffarpur in Complaint Case
No.-5141180290 64 800 874.
(iii) And any other relief or reliefs as your
lordships may deem fit and proper."
Considering the nature of grievance raised in the
application, we are of the considered view that it would be
appropriate if the petitioner were to first approach the
respondent authorities by way of filing representation.
The present application is, accordingly, disposed of
reserving liberty to the petitioner to file appropriate
Patna High Court CWJC No.17596 of 2021 dt.05-10-2021
representation before the appropriate authority within a period
of four weeks. If such a representation is filed by the petitioner
within the time stipulated, the authority concerned is directed to
consider the same and dispose it of expeditiously and preferably
within a period of three months thereafter. Needless to say that
while considering such request, principles of natural justice
shall be followed and due opportunity of hearing afforded to the
parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petitions, if so required and desired.
With the aforesaid observations, this application is
disposed of.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 07.10.2021
Transmission Date
