Patna High Court
Md. Asharaf vs The State Of Bihar on 12 January, 2024
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13040 of 2023
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Md. Asharaf, Son of Md. Sulman, R/o- ChuramanChak, Begusarai, Bihar-
851133.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Panchayati Raj Department,
Government of Bihar.
2. The District Magistrate, Begusarai.
3. The Deputy Development Commissioner, Begusarai.
4. The District Panchayati Raj Officer, Begusarai.
5. The Block Development Officer, Bhagwanpur Block, Begusarai.
6. The Block Panchayati Raj Officer, Bhagwanpur Block, Begusarai.
7. The Junior Engineer, Bhagwanpur Block, Begusarai.
8. Indrajeet Kumar, The Block Pramukh, Bhagwanpur Block, Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Saroj Kumar Sharma, Advocate
Mr. Vikash Kumar, Advocate
Mr. Anupam Bahadur, Advocate
For the Respondent/s : Mr.P.K. Shahi (AG)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 12-01-2024
The above writ petition is filed alleging
Patna High Court CWJC No.13040 of 2023 dt.12-01-2024
embezzlement of Rs. 6,86,000/- in the construction of a road in
Bhagwanpur Block, Damodarpur Panchayat of Begusarai
District. The road is said to have been constructed under
Scheme No. 11/2022-23 of the 15th Financial Year but, however,
the same is said to have been constructed even prior; by one
Asha Devi who is the former Ward Member of Ward No. 3
under the scheme of 13/2020-21. It is also alleged that the
Respondent Nos. 6 to 8 are the persons who have embezzled the
money. The petitioner is said to have made representations
before the authorities and it is also admitted that there was an
inquiry conducted but, it has not been taken to its logical
conclusion and the delinquent persons who embezelled money
of the Government, on alleged constructions, which were not
actually carried out, are let free.
2. A counter affidavit is filed on behalf of Respondent
Nos. 2 to 6. In the counter affidavit it is stated that under
Scheme No. 11/2022-23, the road was constructed which was
said to have been constructed earlier by the Ward Kriyanbayan
& Prabandhan Samiti of Ward No. 3 of Damodarpur Panchayat.
Though the amounts were withdrawn at the earlier instance,
there was no road constructed and it was hence the road was
constructed in the subsequent year. The D.D.C., Begusarai had
Patna High Court CWJC No.13040 of 2023 dt.12-01-2024
made spot inspection of the road in question and statements
were taken from the local residents. Smt. Asha Devi, whose
affidavit was furnished as Annexure-10 in the writ petition, is
said to have admitted that the road having not been constructed
in her time and also returned the amount withdrawn. The
documents evidencing the same have been produced as
Annexure-R-2 to 6/A,B,C and D. The D.D.C., Begusarai and
D.P.R.O., Begusarai have made physical verification of the road
in question as constructed under Scheme No. 11/2022-23 by the
Panchayat Samiti. An F.I.R. is also said to have been registered
against Asha Devi whose affidavit was furnished along with the
writ petition.
3. The petitioner has filed a rejoinder contending that
the F.I.R. lodged against Asha Devi was with respect to another
road construction. If the petitioner was aware of the same, the
petitioner ought not to have relied on an affidavit furnished by
the said person, who is an accused in a similar case. In any
event, the counter affidavit of the State cannot be disbelieved.
Obviously, the petitioner's attempt seems to be to somehow
create a cloud so as to enable the actual culprits to escape.
4. We also have to notice that despite allegations made
against Respondent Nos. 6 to 8, only the 8 th Respondent has
Patna High Court CWJC No.13040 of 2023 dt.12-01-2024
been made a party in his private capacity.
5. We find absolutely no reason to proceed with the
Public Interest Litigation and dismiss the same leaving the
parties to suffer their respective costs.
(K. Vinod Chandran, CJ)
(Rajiv Roy, J)
P.K.P./-
AFR/NAFR NAFR
CAV DATE
Uploading Date 16.01.2024
Transmission Date
