Shibu Pandit vs The State Of Bihar And Ors
2023 Latest Caselaw 756 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5674 of 2016
     ======================================================

Shibu Pandit Son of Late Sumer Pandit, resident of Village - Pakahi, Post- Jhajhada, Police Station- Kusheswarasthan, District- Darbhanga.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Social Welfare Department, Bihar, Patna.

2. The Director, I.C.D.S, Govt. of Bihar, Patna.

3. The District Magistrate, Darbhanga.

4. The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Darbhanga.

5. The District Programme Officer, Darbhanga.

6. The Sub Divisional Officer, Biraul, Darbhanga.

7. The Block Development Officer, Kusheswarasthan, Darbhanga.

8. The C.D.P.O, Kusheswarasthan, Darbhanga.

9. The Circle Officer, Kusheswarasthan, Darbhanga.

10. The Executive Officer, Zila Parishad, Darbhanga.

11. Smt. Nirmala Devi, Sahaika Aanganbari Centre No-064, Ward No-5, Village- Pakahi, Post- Jhajhada, Police Station Kusheswarasthan, District Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sita Ram Yadav, Advocate Mr. Bimal Kumar, Advocate For the Respondent/s : Mr. Raghwendra Kumar, SC-22 Mr. Ravi Ranjan, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT Date : 13-02-2023

Heard learned counsel for the petitioner and learned

counsel for the State.

Learned counsel for the petitioner submits that vide

Annexure-3 to the writ application he had filed a representation

before the District Magistrate, Darbhanga bringing to his notice Patna High Court CWJC No.5674 of 2016 dt.13-02-2023

that at Gram Panchayat Raj Pakahi Jhajhada an Aanganbari Centre

was constructed at village Pakahi, Ward No. 5, Centre No. 064 for

which no objection certificate was also issued by the Circle Officer

and the Block Development Officer, Kusheswarasthan, District

Darbhanga. Further, despite an Aanganbari Centre being

constructed as aforesaid, again on the raiyaiti land of Nirmala Devi

another Aanganbari Centre is being constructed by the Zila

Parishad with respect to the same Ward No. 5, Centre No. 64, for

which an application was submitted before the Collector on

06.03.2015 based on which the Deputy Development

Commissioner, Darbhanga was asked to act on the representation.

Further, the Block Development Officer and the Circle Officer,

Kusheswarasthan, District Darbhanga, had submitted their inquiry

report confirming the illegal construction, as such, it was prayed

that the money utilized by the Zila Parishad for construction of the

Aanganbari Centre be recovered from the erring persons.

Learned counsel submits that despite the representation

filed before the Collector, no action till date has been taken, which

necessitated the filing of the present writ application seeking a writ

of mandamus for a direction upon the authorities to conduct an

inquiry and to suitably punish the person involved in the matter by

lodging criminal case.

Patna High Court CWJC No.5674 of 2016 dt.13-02-2023

Learned counsel for the State submits that the counter

affidavit has been filed on behalf of the CDPO, wherein the fact as

stated in the writ application is not disputed but specific statement

has been made that on account of inadvertence the two Aaganbari

Centres were constructed at the same place. It is also submitted

that the counter affidavit clearly records that there is no

embezzlement of any public money.

Be that as it may, the writ application is disposed of with

a direction that if the petitioner files a fresh representation before

the Collector, Darbhanga, the Collector will get the matter inquired

keeping in mind the fact that in the counter affidavit it has been

specifically stated that there is no embezzlement of any public

money and the construction was done inadvertently.

(Satyavrat Verma, J)

Kundan/-

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Uploading Date          14.02.2023
Transmission Date