Md. Nejamuddin Hawari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5062 of 2023 ====================================================== Md. Nejamuddin Hawari, Son of Md. Khalil Hawari, Resident of Village Mahuawa, P.O. and P.S. Mahuawa, District East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Distric Magistrate, East Champaran.

4.

The District Panchayati Raj Officer, East Champaran. 5.

The Block Development Officer, Chauradano, East Champaran. 6.

The Mukhiya, Gram Panchayat Raj Mahuawa, Block Chauradano, District East Champaran.

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Respondent/s :

Mr. Kumar Alok (SC-7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-04-2023 The above Public Interest Litigation has been filed on the allegation of huge embezzlement of public money by the 6th respondent Mukhiya in so far as the constructions in public places. The petitioner clearly speaks about a complaint made before the Sub Divisional Public Grievance Redressal Officer, Raxaul on 7.11.2022; during the course of hearing of which the Block Development Officer reported that despite withdrawal of funds no work was carried out. The Public Grievance Redressal

Patna High Court CWJC No.5062 of 2023 dt.11-04-2023 2/2 Officer, Raxaul has also issued an order dated 05.1.2023 directing the Block Development Officer, Chauradano to take action against the responsible persons. Similarly, another complaint is said to have been made before the Block Development Officer, Raxaul on 22.02.2023 by the Ward Members, on which a direction has been issued that the Panchayat Secretary and the Technical Assistant shall conduct inquiry and submit a report. Apart from these two specific allegations, the petitioner has only made blanket statements regarding embezzlement of public money by the Mukhiya. As far as the specific instance is pointed out, the authorities have initiated proceedings and we find no reason to issue a mandamus.

We do not find any reason to entertain the writ petition and dismiss the same in limine.

(K. Vinod Chandran, CJ) (Madhuresh Prasad, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 17.04.2023 Transmission Date