Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2169 of 2020 ====================================================== Rajesh Kumar, aged about 37 years, Male, Son of Late Vishwanath Prasad, Resident of Ward No-19, Cinema Road, Gopalganj, PO + PS + DistrictGopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

4.

The Principal Secretary, Department of Transport, Government of Bihar, Patna.

5.

The Commissioner, Saran Division, Chapra.

6.

The District Magistrate, Gopalganj, 7.

The Additional Collector-Cum-Nodal Officer, District Vigilance Cell, Gopalganj 8.

The Sub Divisional Officer, Hathua, District-Gopalganj. 9.

The Circle Officer, Kateya, District- Gopalganj. 10.

The Principal Secretary, Department of Vigilance, 4th Floor, Soochna Bhawan, Bailey Road, Patna.

11.

The Joint Secretary (Law), Department of Village, Government of Bihar, Patna.

12.

Subodh Narayan Jha, aged about 57 years, Male, son of Anant Lal Jha, the then Head Clerk, District Transport Office, Gopalganj; Presently as the Head Clerk, Block Office- Kateya, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No.5 For the Respondent/s :

Mr. Rohitabh Das, A.C. to AAG-10 Mr. Arvind Kumar (SPL. PP. VIG.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 31-01-2020 Heard Mr. Sanjay Kumar Pandey No. 5, learned counsel for the petitioner, Mr. Rohitabh Das, learned A.C. to

Patna High Court CWJC No.2169 of 2020(2) dt.31-01-2020 2/3 A.A.G. 10 and Mr. Arvind Kumar, learned counsel appearing for the respondent - Department of Vigilance, Government of Bihar, Patna.

The present writ application has been filed by way of a public interest litigation with the relief, as stipulated in paragraph no. 1 of the writ application, which reads as follows:- "That this is an application for the issuance of an appropriate writ / Direction / Order, in the nature of Mandamus, commanding the Respondent State and the Vigilance Authority; to inquire and investigate in to the allegations labelled against the Respondent No. 12 and to take appropriate action against the Respondent No. 12."

However, after some arguments, learned counsel for the petitioner confines his prayer only for disposal of the representation dated 10.06.2017 pending before the Chief Secretary, Government of Bihar, Patna as contained in Annexure - 12 to the writ petition.

From perusal of the prayer made in the writ application, prima facie it does not appear that any issue of appropriate public interest is involved therein. In the circumstances, in view of the confined prayer of the petitioner, we permit the petitioner to withdraw the writ

Patna High Court CWJC No.2169 of 2020(2) dt.31-01-2020 3/3 application with liberty to pursue the matter before the Chief Secretary, Government of Bihar, Patna or any other appropriate forum.

The writ petition stands disposed of as withdrawn with liberty as indicated above.

(Dinesh Kumar Singh, J) ( Anil Kumar Sinha, J) praful/- U