Citation : 2022 Latest Caselaw 332 Patna
Judgement Date : 11 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.31 of 2022
======================================================
Vishal Singh Son of Vijay Kumar Singh Resident of Village- Bahadurpur, P.S.- Parasi, District- Arwal.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Rural Development, Government of Bihar, Patna.
2. The Divisional Commissioner, Magadh Division, Gaya.
3. The District Magistrate, Arwal.
4. The District Development Commissioner, Arwal.
5. The Block Development Officer, Arwal Block, Arwal.
6. The District Coordinator, Arwal Block, Arwal.
7. Smt. Vimla Devi Wife of Satish Kumar Singh Resident of Village-
Bahadurpur, P.S.- Parasi, District- Arwal, at present Mukhiya, Rampur Baina Panchayat, Arwal Block, District- Arwal.
8. Satish Kumar Singh S/o Late Ram Kailash Singh Resident of Village-
Bahadurpur, P.S.- Parasi, District- Arwal.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Akhilesh Dutta Verma, Advocate For the Respondent/s : Mr.Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)
Date : 11-01-2022
Petitioner has prayed for the following relief(s):
"I. For giving a direction to take appropriate action/enquiry against the erring officials of Arwal District, Arwal Block and Public Patna High Court CWJC No.31 of 2022 dt.11-01-2022
representative Reampur Baina Panchayat (Mukhiya) for embezzlement of public fund by way of defalcation in connection with Swachha Bharat Mission (Gramin).
II. For giving a direction to lodge and an F.I.R. though appropriate agency (Department of Vigilance) after a full enquiry.
III For a direction to complete the enquiry which was constituted on 28.05.2020 by Block Development Officer, Arwal upon the complaint of the petitioner.
IV. For any other relief/reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
We are in agreement with Shri Anjani Kumar,
learned A.A.G. 4, that the present petition is more in the nature
of private interest litigation than a public interest litigation.
The dispute is inter se two families. On one side,
petitioner has been pursuing his remedies before different
appropriate forums, including by way of the present public
interest litigation, and, on the other hand, the private
respondents have initiated action against the petitioner. In fact
an F.I.R. also stands registered against the petitioner prior to the
filing of the present petition. All these facts stood concealed by
the petitioner. It is nothing but forum shopping and obstructing
the course of justice.
Patna High Court CWJC No.31 of 2022 dt.11-01-2022
As such, we dismiss the present petition with the cost
of Rs. 10,000/-, to be deposited in Patna High Court Legal
Services Committee.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/DKS/-
AFR/NAFR CAV DATE Uploading Date 13.01.2022 Transmission Date
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