Digvijay Ojha v. The State Of Bihar Through The Deputy Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4342 of 2022 ====================================================== Digvijay Ojha Son of Late Ram Dayal Ojha Resident of Village - Sa Damber Tola (Ojha tola), Ward No. - 14, Near Shashi Bhushan Ojha, Mtipur, P.S. Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Deputy Secretary, Minor Water Resources Department, Bihar, Patna.

2.

The District Magistrate, Muzaffarpur.

3.

The Superintending Engineer, Minor Irrigation and Water Resources Department, Muzaffarpur.

4.

The Executive Engineer, Minor Irrigation Division, Motihari. 5.

The Sub Divisional Officer, Minor Irrigation, MOtihari. 6.

Anjani Kumar Ojha S/o Late Ram Dayal Ojha Resident of Village - Sadha Damber Tola (Ojha tola), Ward No. - 14, Motipur, P.S. - Motipur, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar, Advocate For the Respondent/s :

Mr.Kapileshwar Prasad Yadav(GP-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2022 The present writ petition has been filed seeking the following relief:- "1.(i) To issue an appropriate order/s direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents to take appropriate legal action against the private respondent including institution of F.I.R. under the relevant sections of I.P.C. taking into the consideration that he was appointed to the post of Tube well Operator on the basis of forged certificate and

Patna High Court CWJC No.4342 of 2022(2) dt.19-12-2022 2/2 wrong entry of date of birth in service records. (ii) To direct the respondents to ensure recovery of money from the private respondent who has illegally and wrongly withdrawn under the head of post retiral dues and pension.

(iii) To direct the respondents to ensure recovery of salary which were illegally paid to the private respondent during his whole service period."

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty so sought is granted.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) S.Sb/Saurav U