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Patna High CourtCWJC/4696/2025dismissed

Lakhan Kumar v. The State Of Bihar

2025-03-24Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4696 of 2025 ====================================================== Lakhan Kumar Son of Jhagru Mandal, Resident of Village- Masaha, Ward No. 3, P.O.- Koriya, P.S.- Parihar, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The Principal Secretary, Public Health and Engineering Department, Government of Bihar, Patna.

3.

The District Level Monitoring Committee through the District Magistrate, Sitamarhi.

4.

The District Panchayati Raj Officer, Sitamarhi, Bihar. 5.

The Mukhiya, Gram Panchayat Pipra Bishanpur, Sitamarhi, Bihar. 6.

The Panchayat Secretary, Gram Panchayat Pipra Bishanpur, Sitamarhi, Bihar.

7.

The Ward Implementation and Management Committee, Gram Panchayat Pipra Bishanpur, Ward No. 3, Sitamarhi through its Chairman. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilesh Kumar Pandey, Advocate For the Respondent/s :

Mr. Ramadhar Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2025 Heard Mr. Nilesh Kumar Pandey, learned counsel for the petitioner and Mr. Ramadhar Singh, learned counsel appearing for the State.

2. The present writ petition has been filed for following reliefs:- (i)For a direction to the Respondents to make payment of the arrears of the honorarium due to the petitioner along with applicable incentives.

(ii) For a further direction to the Respondents to provide the necessary

2/4 training and other facilities to the Petitioner in connection with his appointment as an Anurakshak under the Mukhyamantri Gramin Peyjal Nischay Yojana.

(iii) For a direction to the Respondents to initiate appropriate inquiry into the defalcation of scheme funds by the current Chairman of the Ward Implementation and Management Committee, Gram Panchayat Pipra Bishanpur, Ward No. 3, namely, Meena Devi.

(iv) For a direction to the Respondents to pay costs and compensation to the Petitioner for the delay in clearing his legitimate dues.

3. Learned counsel for the petitioner submits that the petitioner was selected as an Anurakshak by the Ward Sabha, Gram Panchayat Pipra Bishanpur, Ward No. 3, Sitamarhi, in terms of the resolution no. 2935 dated 22.06.2021 passed by the Panchayati Raj Department, Government of Bihar. Pursuant to his appointment the petitioner has resumed his duties as an Anurakshak and performing the duty since the date of his appointment.

4. Learned counsel for the petitioner submits that there was no complaint against the petitioner regarding neglect or dereliction of duties but the petitioner has not been paid any honorarium since the date of his appointment. Although petitioner has submitted his representation before the authority concern but whatsoever no action has been taken by the

3/4 authority concern.

5. Learned counsel for the State has vehemently opposed the prayer of the writ petitioner on the ground that the petitioner has not come before this Court with the clean hand and he has drawn the attention of the representation of the petitioner which he has submitted before the District Magistrate, Sitamarhi.

6. From bare perusal of the representation of the petitioner, it transpires that the Patna High Court has directed to pay the honorarium to the petitioner.

7. Learned counsel for the State has produced the order dated 13.07.2023 passed in CWJC No. 2429 of 2023. The same was mentioned by the petitioner in his representation dated 11.09.2024 .

8. From bare perusal of the order dated 13.07.2023 passed in CWJC No. 2429 of 2023, it appears that the petitioner was not petitioner in the aforesaid petition and he has mentioned in his representation about the writ petition only to influence the authority concerned. The order dated 13.07.2023 passed in CWJC No. 2429 of 2023 is with respect to another persons.

9. Having heard the counsel for the parties and

4/4 perused the materials on record and also perused the order dated 13.07.2023 passed in CWJC No. 2429 of 2023 which was produced by the learned counsel for the State and the same was mentioned by the petitioner in his representation dated 11.09.2024, it appears that the petitioner has not moved before this Court with clean hands and on the sole ground that the petitioner has not come before this Court with clean hand, this writ petition is fit to be dismissed.

10. Accordingly, this writ petition stands dismissed. (Rajesh Kumar Verma, J) Suruchi/- U