Bhajami Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10611 of 2021 ====================================================== Bhajami Kumar Singh, aged about 65 years, male, Son of Late Ram Krishna Singh Resident of Mohalla- Lallu Pukhar, P.s.- Kashim Bazar, DistrictMunger ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna 2.

The Commissioner, Munger Division, Munger 3.

The District magistrate, Munger 4.

The District Planning Officer, Munger 5.

The Supeintending Engineer, Rural Works Department, Munger Circle, Munger 6.

The Executive Engineer, Tarapur Division, Rural Works Department, Munger ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajay, GA 5 Mr. Pratik Kumar Sinha, AC to GA 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 10-05-2022 Heard learned counsel for the parties.

The petitioner has filed the present writ petition seeking a direction to respondent no. 2 to close the proceeding of contractual work entered into vide Agreement No. 1F2/200708 and to quash the order whereby the District Magistrate, Munger has directed the Executive Engineer to lodge FIR against the petitioner with regard to non-performance of

Patna High Court CWJC No.10611 of 2021(4) dt.10-05-2022 2/2 contractual work.

A counter affidavit has been filed in which at para 18 thereof, it has been clearly stated that no FIR against the petitioner has been lodged till now. Learned counsel for the respondents further assures that no FIR will be lodged against the petitioner. Further, in view of the stand taken by the State in para 20 of its affidavit, the petitioner is at liberty to approach the District Magistrate, Munger with respect to closure of the scheme and refund of earnest money.

The petition is hereby disposed off.

(Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar U