Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1826 of 2023 ====================================================== Mukesh Kumar son of Shri Nagendra Pandey resident of quarter number E/10, Dalmianagar, Rohtas.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Rohtas.

3.

The Sub divisional Officer, Dehri, Rohtas.

4.

The District Education Officer, Rohtas.

5.

Dhanji Prasad Singh, The Secretary, The Managing Committee, Model School, Near Post Office, Dalmianagar, Rohtas- 821305. 6.

The Principal (In Charge), Model School, Near Post Office, Dalmianagar, Rohtas- 821305.

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

For the Petitioner/s :

Mr.Gautam Kumar Kejriwal, Advocate Mr. Atal Bihari Pandey, Advocate Mr. Alok Kumar Jha, Advocate Mr. Mukund Kumar, Advocate For the Respondent-State:

Mr. Sanjay Kumar, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-02-2023 The present writ petition has been filed seeking the following reliefs:- " a) For issuance of a writ or order or direction upon the respondent number 2 to 4 to take control of the whole management of the Model School, Dalmianagar, Rohtas

2/4 including administration, finance, banking operations, accounts and recruitment;

b) For issuance of a writ or order or direction upon the respondent number 2 to 4 to restore the original managing committee constituted in the year 2020 in terms of the election supervised by the respondent number 2 in strict compliance of the order of this honourable court dated 20.07.2003 passed in company petition number 3 of 1984;

c) For issuance of an order or direction upon the respondent number 2 to 4 to seize all the powers of the managing committee and all the related records which has been reformed at the behest of the respondent number 5 and supported by the respondent number 6 as the same is violative of the order of this honourable court dated 20.07.2003 passed in company petition number 3 of 1984;

d) For further issuance of an order or direction upon the respondent number 2 to 4 to make a detail enquiry into all such activities, decisions and records which involved participation of the respondent no. 5 and his allies and take appropriate action against them for their illegal, conspiratorial and corrupt activities resulting in mismanagement of the school funds and severe irregularities relating to finance and appointment of employees;

3/4 e) For holding and declaring the reformation/reconstitution of the managing committee of Model School Dalmianagar Rohtas at the behest of the respondent number 5 to be illegal and violative of the order dated 20.07.2003 passed by this honourable court in company petition number 3 of 1984 and the decision of the respondent number 1 dated 08.11.2022 issued vide memo number 3865/go Sasaram and further for setting aside the minutes of meeting dated 06.12.2022 and the minutes of meeting dated 11.12.2022 confirming such reformation/reconstitution of the managing committee;

f) For issuance of any other order or direction as may be deemed fit and proper in the facts and circumstances of this case."

At the outset, the learned counsel for the petitioner submits that the petitioner has already approached the District Magistrate, Rohtas at Sasaram for redressal of his aforesaid grievances, however, no action is being taken on the complaints made by the petitioner.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, Rohtas at Sasaram to examine the complaints filed by the petitioner and pass appropriate order in accordance with law,

4/4 within a period of six weeks of receipt/production of a copy of this order.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U