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Patna High CourtCWJC/16839/2015dismissed

Kanihya Lal Gupta v. The State Of Bihar And ORS

2023-03-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16839 of 2015 ====================================================== Kanihya Lal Gupta, son of Late Rajendra Prasad Gupta, R/o. Mohalla-Sultan Pokhar, Ward No. 4, Farbesganj, District-Araria ... ... Petitioner/s

Versus

1.The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.Principal Secretary, Urban Development Department, Govt. of Bihar, Patna. 3.District Magistrate, Araria.

4.Sub-Divisional Magistrate, Farbesganj.

5.Executive Officer, Nagar Parishad, Farbesganj, District-Araria (Bihar). 6.Chairman, Nagar Parishad, Farbesganj, District-Araria (Bihar) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar Singh, Advocate For the Respondent/s :

Mr.Vijaya Laxmi Srivastava,AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-03-2023 The present writ petition has been filed seeking the following relief:- "1. (1) To issue an appropriate writ/order/ directions to District Magistrate, Araria to hold an enquiry into loot of Public fund by Chairman, Nagar Parishad, Farbesganj to the fund of 73 lakhs rupees by giving tender to his own men offering bid only by two persons one higher and another on estimated cost. And all 15 persons cooperated each other in getting one tender and there by incurring loss of public money of 73 lakhs and also for a direction to take appropriate steps if allegation found true as the matter has already been

Patna High Court CWJC No.16839 of 2015(2) dt.20-03-2023 2/2 delayed by over two months despite lodging of complaint in this regard before Executive Office, Nagar Parishad, Farbesganj on 07.09.2015 with a copy to S.D.M, Farbesganj, District Magistrate Araria, Principal Secretary, Urban Development, Govt. of Bihar or for issuance of any other directions or directions as this Hon'ble Court may consider fit and proper under the circumstances of the case."

Considering the nature of prayer made in the present writ petition, I deem it fit and proper to grant liberty to the petitioner to avail such other alternative remedies, as are otherwise available under the law.

Accordingly, the present writ petition stands dismissed, however, with the aforesaid liberty.

(Mohit Kumar Shah, J) S.Sb/SonalU