Shashi Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 7177 of 2015 ====================================================== Shashi Kumar, S/o Late Rohi Prasad, Resident of Village - Ghangholi, P.S. Nawada, District Nawada.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Nawada.

3.

The Deputy Development Commissioner, Nawada.

4.

The In-charge Director Accounts Administration and Self Employment, D.R.D.A., Nawada.

5.

The Block Development Officer, Govindpur, District Nawada. 6.

The Executive Engineer, Rural Works Department, Works Division, Nawada.

7.

The Assistant Engineer, Rural Works Department, Works Division, Nawada. 8.

The Junior Engineer, Rural Works Department, Works Division, Govindpur, Nawada.

... ... Respondent/s ====================================================== For the Petitioner/s :

M/s Sheo Kr Pd, Alok Kr Jha, Advocates For the Respondent/s :

Mr Krishna Kant Tiwari, AC to SC XXVII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and the respondent-State.

Petitioner, while posted as Panchayat Sachiv in Gram Panchayat Raj, Bhanail Lodipur Akbarpur, Nawada had executed some scheme under orders of respondent No 5 in the year, 2006-2007.

Roughly ten years thereafter, recovery is sought to be made from the petitioner on the ground that the works were not

Patna High Court CWJC No.7177 of 2015(2) dt.23-04-2019 2/2 properly executed by the petitioner. Petitioner has specifically raised his grievance before the Block Development Officer (respondent No 5), Govindpur regarding the recoveries being directed without any enquiry in the matter. Representations of the petitioner in this respect dated 07.03.2015 and 10.03.2015, till date, have not been considered by the Block Development Officer (respondent No 5).

Petitioner is threatened with recoveries on account of the order dated 05.02.2015 issued under the signature of the District Magistrate, Nawada.

In the circumstance, it will be open to the petitioner to submit a representation before the District Magistrate raising the aforesaid grievance.

Without taking a decision on the representation of the petitioner, which is to be filed positively within four weeks from today, no recovery should be made on the basis of order dated 05.02.2015 issued under the signature of District Magistrate, Nawada.

(Madhuresh Prasad, J) M.E.H./- U