Sandhya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11724 of 2021 ====================================================== 1.

Sandhya Devi W/o Dinesh Pandey @ Dinesh Kumar Pandey R/o VillNisira, P.O.- Kohra Bazar, P.S.- Daudhpur, District- Saran, Presently working as Member- Ward no.05-cum-Upmukhiya under the Gram Panchayat Nasira, P.S.- Daudhpur, Block- Manjhi, District- Saran. 2.

Rekha Devi W/o Nawlesh Singh R/o Vill and P.O.- Khadrahiyan, P.S.- Daudhpur, District- Saran, presently working as Member- Ward No.3 under the Gram Panchayat Nasira, P.S.- Daudhpur, Block- Manjhi, District- Saran. 3.

Ajay Kumar Mishra R/o Vill and P.O.- Khadrahiyan, P.S.- Daudhpur, District- Saran, presently working as Member- Ward No.02 under the Gram Panchayat Nasira, P.S.- Daudhpur, Block- Manjhi, District- Saran. 4.

Sabhawati Devi W/o Umesh Rai R/o Vill- Mairwan, P.O.- Rusi, P.S.- Daudhpur, District- Saran, Presently working as Member- Ward No. 08 under the Gram Panchayat Nasira, P.S.- Daudhpur, Block- Manjhi, DistrictSaran. 5.

Purnima Devi W/o Ashok Sharma R/o Vill- Nasira, P.O.- Kohra Bazar, P.S.- Daudhpur, District- Saran, presently working as Member- Ward No.06 under the Gram Panchayat Nasira, P.S.- Daudhpur, Block- Manjhi, District- Saran. 6.

Rinku Devi W/o Butan Ram R/o Vill- Nasira, P.O.- Kohra Bazar, P.S.- Daudhpur, District- Saran, presently working as Member- Ward No.07 under the Gram Panchayat Nasira, P.S.- Daudhpur, Block- Manjhi, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

3.

The Director, Panchayati Raj, Govt. of Bihar, Patna. 4.

The Divisional Commissioner, Saran at Chapra. 5.

The Deputy Development Commissioner, Saran at Chapra. 6.

The District Magistrate, Saran at Chapra.

7.

The District Panchayati Raj Officer, Saran at Chapra. 8.

The Block Development Officer, Manjhi, Saran. 9.

The Block Panchayat Raj Officer, Manjhi, Saran. 10.

The Mukhiya, Gram Panchayat Raj, Nasira, Manjhi, Saran. 11.

The Panchayat Secretary, Panchayat Raj, Nasira, Manjhi, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary,Adv.

For the Respondent/s :

Mr.Lalit Kishore (Ag) ======================================================

2/4 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2022 The present writ petition has been filed seeking the following reliefs:- "1(i).The respondents may kindly be directed to release the proportionate amount in favour of the petitioners (i.e Members of Ward no.02 to the tune of Rs.3.50 Lakhs, 03 to the tune of Rs.4 Lakhs, 05 to the tune of Rs.2.70 Lakhs, 06 to the tune of Rs.2.70 Lakhs, 07 to the tune of Rs.2.70Lakhs, 08 to the tune of Rs.4.29 Lakhs under the said Panchayat) on account of their works so extended towards the Mukhyamantri Gramin Pay -Jal Yozna and other schemes so allotted time to time by the answering respondents.

(ii). The respondents may kindly be directed to place reliance over the Measurement- Book so submitted by the Junior Engineer and the enquiry report of the Block Panchayati Raj Officer, Manjhi read with other material while extending the above said amount in favour of the present petitioners.

(iii). The entire functioning of the respondent no. 10 & 11 (for last five years) may kindly directed to be

3/4 enquired either through the Higher Officials or through an independent agency so that the actual figure with regard to open loot / huge syphoning of the public money may be surfaced and the person concerned for syphoning in question may be held guilty to established the Rule of law and ensure substantial justice."

The District Magistrate, Saran at Chapra has filed a counter affidavit, wherein, it has been stated that the Deputy Collector, Land Reforms, Sadar, Chapra and Assistant Engineer, PHED, have gone through the relevant records, pertaining to Wards No. 5 to 8 and have also made spot verification, during the course whereof, several irregularities in work, pertaining to the said Wards, were found, whereafter, the concerned Mukhiya and other officials have been directed to remove the irregularities and now, all the irregularities, existing in the work in question, has stood removed and the schemes are running properly. In such view of the matter, the learned counsel for the petitioners does not seek to press

4/4 the present writ petition, however, seeks liberty on behalf of the petitioners to approach the concerned authorities in case of any subsisting grievances. Accordingly, the present writ petition stands disposed off as not pressed, however, with the aforesaid liberty.

(Mohit Kumar Shah, J) Ajay/SonalU