Sundar Kant Vidyarthi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14876 of 2016 ====================================================== Sundar Kant Vidyarthi, Son of Late Shiv Ram Jha, Secretary R.T.I. activist of Madhubani district, resident of At & P.O- Belhbar, Panchayat Raghunidehat, P.S. Rajnagar, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar represented through the Principal Secretary, Panchayati Raj Department, Govt. of Bihar.

2. District Magistrate, Madhubani.

3. District Panchayati Raj Officer, Madhubani.

4. Deputy Development Commissioner, Madhubani.

5. Block Development Officer, Rajnagar, District Madhubani.

6. B.C.O. Rajnaga Block, District- Madhubani.

7. Mukhiya Gram Panchayat Raj Raghunidehat, Block- Rajnagar, DistrictMadhubani.

8. Panchayat Secretary, Gram Panchayat Raj, Raghunidehat, BlockRajnagar, District- Madhubani, Bihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Jha, Advocate For the Respondent/s : Mr. Ajay, G.A.-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Gopal Jha, learned Counsel, appearing for the petitioner, and Mr. Ajay, learned G.A. No.5, appearing for the respondent-State.

Having regard to the nature of allegation of misappropriation/embezzlement of fund, which the petitioner has made in the present writ petition, in the form of Public Interest Litigation, we are clearly of the view that there is no impediment on the part of the petitioner either in lodging a

Patna High Court CWJC No.14876 of 2016 (2) dt.20-09-2016 2/2 First Information Report with the jurisdictional Police Station or in lodging a complaint case in a criminal Court of competent jurisdiction and, therefore, the extraordinary jurisdiction of this Court, under Article 226 of the Constitution of India, cannot be invoked.

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

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