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Patna High CourtCWJC/18064/2017disposed

Ajay Kumar v. The State Of Bihar And ORS

2020-01-06The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18064 of 2017 ====================================================== Ajay Kumar, Son of Mahendra Singh Yadav, Resident of Village- Rampur Chauram, P.S.- Rampur Chauram, District- Arwal. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Panchayat Raj, Department, Bihar Patna. 3.

The District Magistrate, Arwal.

4.

The Zila Parishad, Arwal through it's Chairman. 5.

The Deputy Development Commissioner Cum Chief Executive Officer, Zila Parishad, Arwal.

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Respondent/s :

Mr. Kameshwar Prasad Gupta -GP10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 06.12.2017 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief (s):- " (i) For a direction to the respondent to get enquire into the gross financial irregularity for the fund of Zila Parishad, Arwal in connivance with Chairman and the Chief Executive Officer, Zila Parishad, Arwal, regarding amount of B.R.J.F. 4th, 5th, and 13th Finance. That as amount Rs.10,52,000/- and 17,60,000/- and other

Patna High Court CWJC No.18064 of 2017(2) dt.06-01-2020 2/3 amount also which has been spent without following the law and without approval of the proceeding of Zila Parishad.

(ii) Further for a direction to the respondent to take appropriate action against the responsible persons.

(iii) Further for a direction to respondent to distribute the amount for development according to number of population as it has been directed in the guideline.

(iv) To grant any other appropriate relief for which the petitioner is entitled to get in the eye of law." After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes

Patna High Court CWJC No.18064 of 2017(2) dt.06-01-2020 3/3 recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U