Ramashankar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21007 of 2014 ======================================================

1. Ramashankar Sharma Son of Late Mahesh Thakur, Resident of VillageAndherwara, P.O.-Bidupur (R.S.), P.S.-Rajapakar, District-Vaishali. .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate Vaishali at Hajipur.

3. The Deputy Development Commissioner, Vaishali at Hajipur.

4. The District Panchayati Raj Officer Vaishali at Hajipur.

5. The Block Development Officer, Hajipur Block, District-Vaishali.

6. The Superintendent of Vigilance cum Station Incharge, Vigilance Investigation Bureau Patna.

7. The Investigating Officer Vigilance Investigation Bureau Muzaffarpur Division Camp. Patna.

8. Rekha Devi (Ex-Mukhiya) W/o Chandeshwar Sah

9. Raghunath Bhagt Son of not known

10. Rama Prasad S/o not known All three Resident of Village-Andheawara P.O.-Bidupur (R.S.), P.S.- Rajapakar, District-Vaishali.

11. Harishankar Patel Son of Late Jhulan Singh, Resident of Village-Patel Market, Yadav Chowk P.O.+P.S.-Hajipur Town, District-Vaishali.

12. Praveen Kumar Son of Santlal Singh, Resident of Village-Saidpur Ganesh P.O.+P.S.-Dharenpur, P.S.-Bidupur, District-Vaishali. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Soni For the Respondent/s : Mr. Anjani Kumar, AAG6 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 12-01-2016 Heard Mr. Rakesh Kumar Soni, learned counsel for the petitioner, and Mr. Anjani Kumar, learned Additional Advocate General No. 6, appearing for the respondents. This is an application, under Article 226 of the Constitution of India seeking, inter alia, a writ, in the nature of public interest litigation, directing the State-respondent authorities to take appropriate action against respondent Nos. 8 to 12, who are

Patna High Court CWJC No.21007 of 2014 (2) dt.12-01-2016 alleged to have misappropriated Government/public money in purchase and installation of solar light in Andharbara Panchayat and Bahuara Panchayat in the district of Vaishali. It has been clearly laid before us that two First Information Reports, namely, Baranti P.S. Case Nos. 164 and 165 of 2014, have already been lodged at Baranti O.P. (Rajapakar) and a proceeding for recovery of the amount has already been initiated, this petition, as submitted on behalf of the petitioner himself, has become infructuous.

Considering, therefore, the matter in its entirety and in the interest of justice, this writ petition is closed with direction to the Incharge, Baranti Out Post (Rajapakar), to investigate the case aforementioned effectively.

The Superintendent of Police, Vaishali, at Hajipur, is hereby directed to ensure effective, impartial and expeditious investigation into the allegations made in the two First Information Reports aforementioned.

With the above observations and directions, this writ application stands disposed of.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./- U