Sanjay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3034 of 2025 ====================================================== Sanjay Prasad Son of Late Brahmdeo Singh, Presently residing at Village, PO and PS Aungari, District Nalanda Pin 801301.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Co-operative Department, Bihar, through its Secretary. 3.
The Secretary, Co-operative Department, Government of Bihar, Patna. 4.
The Registrar, Cooperative Committees, Bihar, Patna. 5.
The District Magistrate, Nalanda.
6.
The District Co-operative Officer, Nalanda.
7.
The Block Co-operative Officer, Nalanda.
8.
The Chairman Vyaparmandal, Ekangarsarai, Nalanda. 9.
The Officer in Charge, District Confidential Department, Nalanda. 10.
The Junior Engineer, IAEO-01, Quality Control Unit, Bihar Sharif, Nalanda. 11.
The Executive Engineer, IAEO, Works Division-III (Quality Control Unit), Bihar Sharif, Nalanda.
12.
The Joint Registrar (Shakh), the Cooperative Committees, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok, Advocate For the Respondent/s :
Mr. Additional Advocate General (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 20-02-2025 Heard learned counsel for the petitioner and learned Additional Advocate General-09 for the respondent-State of Bihar.
2. The present writ petition has been filed for a direction upon the respondents for free, fair and proper investigation by some independent agency of the high Degree of Irregularities
2/4 Committee in the construction of the Godown having capacity of 500 Metric Tone in the Ekangarsarai Vyapar Mandal, Nalanda.
3. Learned counsel for the petitioner submits that as the construction is being done in gross violation of the Standard Parameters regarding quantity of materials, size and quality of materials to be used for construction of the Godown in question.
4. Learned counsel for the petitioner submits that the petitioner was the President of Primary Agriculture Cooperative Societies, Ekangarsarai, Nalanda between 2009 to 2024 (till 04.12.2024) and presently the Executive Member of the Vyapar Mandal since 2022. The Registrar Cooperative Societies, Bihar, Patna issued two letters to all the District Cooperative Officer except Aurangabad, Jehanabad and Sheohar by which the Registrar Cooperative Societies has directed all the Bihar Cooperative Officers to strictly follow the abovementioned two letters and complete the construction of the Godown of different Cooperative Societies as early as possible. In fact, the order of construction was up to 2017 but the work of construction of Godown in Vyapar Mandal, Ekangarsarai, Nalanda started after much delay in 2023. Learned counsel for the petitioner submits that the petitioner has submitted a representation to the District Magistrate, Nalanda and highlighting flagrant violation of the
3/4 different parameters in the construction of the Godown in question. In light of the representation of the petitioner, the District Confidential Branch of the Office of the District Magistrate, Nalanda sought a report with respect to the Godown in question. In compliance of the letter of the District Magistrate, District Cooperative Officer has submitted a report dated 25.09.2023 and in view of the report of the District Cooperative Officer, the District Magistrate has found the work for the construction of the Godown in question to be satisfactory.
5. Learned counsel for the State, on the other hand, has taken a preliminary objection with regard to the maintainability of the writ petition and submits that from perusal of the pleadings of the writ petition, it appears that the petitioner had not challenged the report which he has received under the Right to Information Act which suggests that the work was done to be satisfactory and even he has not annexed any cheat of paper which suggests that the construction of the Godown was in gross violation of the Standard Parameters regarding quantity of materials, size and quality and apart from that it appears that the petitioner was holding the post of President of Primary Agriculture Cooperative Societies, Ekangarsarai, Nalanda between 2009 to 2024 and when he was holding the post of the President of the Societies, he has
4/4 not raised any objection with regard to construction of the Godown in question.
6. Having heard the learned counsel for the parties and perused the materials on record, this Court has found that no case is made out for interference in the matter.
7. It is, accordingly, dismissed.
(Rajesh Kumar Verma, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 25.02.2025 Transmission Date N.A.