Patna High CourtCWJC/11340/2016disposed

Vidyapati Tiwary And ORS 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.11340 of 2016 ======================================================

1. Vidyapati Tiwary, son of Late Ram Dayal Tiwary.

2. Sidharth Tiwary, son of Late Jogendra Tiwary.

3. Santosh Raj Bhar, son of Shankar Bhar.

All Residents of Village- Asha Parari, Police Station- Semari, District- Buxar .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Buxar.

3. Prakhand Programme Officer, Semari, District- Buxar.

4. Block Development Officer, Semari, District- Buxar.

5. Urmila Devi, Mukhia Gram Panchayat Parari, P.S.- Semari, DistrictBuxar.

6. Panchayat Sachiv, Nirmal Kumar Rai, Gram Panchayat Parari, P.S.- Semari, District- Buxar.

7. Panchayat Rojgar Sevak, Gajendra Kumar Singh, Gram Panchayat Parari, P.S.- Semari, District- Buxar.

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

For the Petitioner/s : Mr. Damodar Prasad Tiwary, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Damodar Prasad Tiwary, learned Counsel, appearing on behalf of the petitioners, and Mr. Anjani Kumar, learned AAG-4, appearing for the respondent-State. Having regard to the nature of allegations, which have been made by the petitioners in the present writ petition under Article 226 of the Constitution of India, in the form of Public Interest Litigation, we are clearly of the view that the remedy of

Patna High Court CWJC No.11340 of 2016 (2) dt.20-09-2016 2/2 the petitioners lies either in lodging a First Information Report with the jurisdictional Police Station or in lodging a complaint with the Criminal Court of competent jurisdiction if they have any supporting material and that the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India cannot be invoked in a case of present nature. In view of the above and in the interest of justice, this writ petition is closed.

However, if a First Information Report is lodged or a complaint is filed, the same shall be dealt with, expeditiously, in accordance with law.

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