Sachchida Nand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7393 of 2021 ====================================================== Sachchida Nand Mandal S/o- Ayodhya Prasad Vill.- Malikpur, P.O. and P.S.- Pirpainti, Dist.- Bhagalpur, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Education. 2.

The Director Education Department, Government of Bihar, Patna. 3.

The Regional Deputy Director Education, Bhagalpur Division, Bhagalpur. 4.

The Sub Divisional Officer Bhagalpur.

5.

The District Education Officer Bhagalpur.

6.

The Principal Rajyakiyakrit Laxmi Narayan Intermediate School, Malikpur, Pirpainti Bazar, Bhagalpur.

7.

The Principal-in- Charge Rajyakiyakrit Laxmi Narayan Intermediate School, Malikpur, Pirpainti Bazar, Bhagalpur.

8.

Ajay Mahaldar Son of Sri Mahaldar Village and Post Dulduliya, P.S. Pirpainti and District- Bhagalpur.

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

For the Petitioner/s :

Mr.Madan Mohan, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 16-02-2022 The present writ petition has been filed for quashing the order dated 18.08.2020, whereby and whereunder the pond in question has been settled in favour of the private respondent no. 8 by the Principal-in-Chage, Rajkiyakrit Laxmi Narayan Intermediate School, Malikpur, Pirpainti Bazar, Bhagalpur (respondent no. 7) in complete violation of the notice inviting tender.

Patna High Court CWJC No.7393 of 2021(3) dt.16-02-2022 2/3 The learned counsel for the petitioner has submitted that after the petitioner had filed a complaint before the Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur (respondent no. 3), the respondent no. 3 had by his letter dated 15.09.2020 directed the In-charge-Principal i.e. the respondent no. 7 herein to submit a detailed report on each and every issue raised by the petitioner in his complaint and in the meantime, the contract granted to the private respondent no. 8 was directed to be stayed. In fact the respondent no. 3 had also restrained any type of activity qua the pond in question. The learned counsel for the petitioner has submitted that till date the petitioner has not been informed about the final action taken by the respondent no.

3 much less about the fate of the complaint of the petitioner, hence the respondent no. 3 be directed to pass a reasoned and a speaking order, in accordance with law, upon the complaint of the petitioner. The learned counsel for the respondent-State submits that the respondent no. 3 shall definitely take a final decision upon the complaint of the petitioner within the stipulated time frame fixed by this Court.

Having regard to the facts and circumstances of the

Patna High Court CWJC No.7393 of 2021(3) dt.16-02-2022 3/3 case, we deem it fit and proper to dispose off the present petition with a direction to the respondent no. 3 i.e. the Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur to dispose off the complaint of the petitioner by a reasoned and speaking order, in accordance with law, if not already disposed off, within a period of four weeks from today. (Rajan Gupta, J) (Mohit Kumar Shah, J) S.Sb/- U