Om Prakash Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13501 of 2015 ====================================================== Om Prakash Tiwary son of Jai Shree Tiwary, Resident of village- Suraundha, P.S. Dumraon, Distt- Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Personnel and Administrative Department, Govt. of Bihar, Patna.

3.

The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

4.

The Director, Madhyamik Education Department, Govt. of Bihar, Patna. 5.

The Regional Director, Madhyamik Education Department, Govt. of Bihar, Patna.

6.

The Deputy Director, Madhyamik Education Department, Govt. of Bihar, Patna.

7.

The District Education Officer, Buxar.

8.

The District Magistrate, Buxar.

9.

The Headmaster, Kanya Uchcha Vidyalaya, Naya Bazar, Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nil Kamal, Adv.

For the Respondent/s :

Mr. Ashok Kumar- Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-12-2022

1. The petitioner in this writ petition has prayed as under:

"(I) For that issuance of an appropriate writ or writs, order or orders, direction or directions commanding to the respondents and issue a writ in the nature of certiorari to quash the order passed by Director (M.Sik) Bihar, Patna issued vide Gypank No. 6 S.Pr.

Adhi-80/79-266 (Bi. Dhi.) Patna dated 9.4.2013 contained as Annexure-4 to this petition.

Patna High Court CWJC No.13501 of 2015(2) dt.20-12-2022 2/3 (II) For that direct to Respondents higher Authority or the Higher Vigilance Authority to enquire about the Farzi school of Respondent no. 9 start since 2006 who get the huge public money with the illegal help of office of Madhymaik Education Department, Govt. of Bihar, Patna.

(III) For that issue a writ in the nature of mandamus, commanding to the respondents who sworn wrong affidavit that Respondent before the Hon'ble Court in CWJC NO. 3604 of disposed of on 10.4.12 and Respondent District Education Officer, Buxar given a wrong facts and documents before his Higher Authority and on that basis a wrong affidavit filled before this Hon'ble Court by the Director (Ma. Sik.) Bihar, Patna vide Gypank No. 266 (Vidhi)., Patna dated 9.4.2013 and obtained as Annexure-3 to this petition.

(IV) For that taken a legal action against the Director (Ma.Sik.) Bihar, Patna who specifically stated that petitioner having a criminal case or First Information Report for this matter mentioned into his show cause filed before this Hon'ble Court in M.J.C. No. 3059 of 2014 (contained as Annexure-4) although petitioner obtained a documents from the Respondnet Education Department, Bihar, Patna that there have no criminal case an F.I.R. lodged against the petitioner regarding this matter under Right to Information Act contained as Annexure-5 to this petition.

(V) For that any other or orders as your

Patna High Court CWJC No.13501 of 2015(2) dt.20-12-2022 3/3 lordship may deem fit and proper for ends of justice."

2. No one has appeared in this case although, the case is pending since 2015. Mere perusal of the prayer made by the petitioner shows that the petitioner seems to be having some grievances with regard to the action of the respondents which he states to be fraudulent. The forum adopted by the petitioner for the same is wholly misconceived. This Court under Article 226 would not enter into a fishing enquiry with regard to the actions of the respondents.

3. Writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Suraj/- Item No. 36 U