Patna High CourtCWJC/11759/2016disposed

Shyam Deo Rai v. The State Of Bihar And ORS

2016-09-20Justice Smt. Anjana Mishra,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11759 of 2016 ====================================================== Shyam Deo Rai, on of Late Triloki Rai, Resident of Village+P.O.- Nathpur, Via+Anchal+Block+P.S.- Narpatganj, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Chief Secretary, Government of Bihar, Main Secretariat, Patna.

3. Principal Secretary, Rural Development Department, Government of Bihar, Patna.

4. Secretary, Rural Development Department, Government of Bihar, Patna.

5. Joint Secretary, Rural Development Department, Government of Bihar, Patna.

6. Deputy Secretary, Rural Development Department, Government of Bihar, Patna.

7. Divisional Commissioner, Purnia Division, District- Purnea.

8. District Padadhikari cum District Magistrate,Araria, District Araria.

9. Sub-Divisional Officer, Forbesganj, District- Araria.

10. Prakhand Vikash Padadhikari, Narpatganj District- Araria.

11. Jay Narayan Rai, Son of Late Sheo Narayan Rai Gram Panchayat Nathpur, Prakhand- Narpatganj, District- Araria, Ex- Mukhiya of concerned Panchayat

12. Mukhiya, Gram Panchayat Nathpur, Prakhand-Narpatganj, DistrictAraria. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarangdhar Jha, Advocate For the Respondent/s : Mr. Lalit Kishore, PAAG-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Sarangdhar Jha, learned Counsel, appearing on behalf of the petitioner, and Mr. Lalit Kishore, learned PAAG-1, appearing for the respondent-State.

With the help of this writ petition, made under Article 226 of the Constitution of India, the petitioner has made

Patna High Court CWJC No.11759 of 2016 (2) dt.20-09-2016 2/2 allegation of defalcation/misappropriation of public fund. Apart from the fact that the allegations are not supported by any specific material, it is also pointed out that a First Information Report has already been registered in connection with the alleged defalcation/misappropriation of public fund and in view thereof, this Court's extraordinary jurisdiction under Article 226 of the Constitution of India cannot be invoked.

This writ petition is, therefore, closed with liberty given to the petitioner to take recourse to the appropriate provision of law as may be permissible.

(I.A. Ansari,CJ) (Anjana Mishra, J) PNM U