Bhuneshwar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 9932 of 2019 ====================================================== Bhuneshwar Paswan, Male 74 years, Son of Late Ram Briksha Paswan Resident of Village- Ankorha, Ward No.- 3, Akaundhi, P.S.- N.T.P.C. Khaira, District- Aurangabad (Bihar).
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principle Secretary, Panchayati Raj Department, Government of Bihar, Patna.
2.
The District Development Commissioner, Aurangabad (Bihar). 3.
The District Magistrate, Aurangabad (Bihar).
4.
The A.D.M. Aurangabad (Bihar).
5.
The S.D.O. Navinagar, Aurangabad (Bihar).
6.
The Block Development Officer, Navinagar, Aurangabad (Bihar). 7.
Mukhiya, Gram Panchayat Raj, Ankodha, District- Aurangabad (Bihar). ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Respondent/s :
Mr. Ajay, GA 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-11-2019 Heard learned counsel for the petitioner and learned GA 5 for the State.
2. The petitioner is aggrieved by non release/transfer of fund by the Government into the account of Ankodha Panchyat for the purpose of development.
Patna High Court CWJC No.9932 of 2019 dt.25-11-2019 2/3
3. Learned counsel for the petitioner submitted that though the fund has been sanctioned but the Block Development Officer, Navinagar in the district of Aurangabad is not transferring it to the concerned ward of which the petitioner is the Ward Councillor, which is against the Rule. He submitted that complaint in this regard has been filed before the Sub-Divisional Public Grievances Redressal Cell Aurangabad, Bihar but the same was disposed off on the plea taken by the concerned officer that the fund was already transferred. It was submitted that the fund has still not been transferred, in support of which he drew the attention of the Court to the photocopy of his Bank passbook.
4. Learned counsel for the State submitted that the concerned Bank account is in the personal name of the petitioner and another person and Government fund cannot be transferred in such personal account, for which the account has to be opened in the name of the concerned Ward through the incumbent.
5. Be that as it may, the Court finds that the petitioner has an alternative and efficacious remedy and the matter is not required to be interfered with, for the present, by this Court.
6. In view thereof, the application stands disposed off with liberty to the petitioner to move before the appropriate forum,
Patna High Court CWJC No.9932 of 2019 dt.25-11-2019 3/3 in accordance with law, for redressal of his grievances as raised in the present writ application.
(Ahsanuddin Amanullah, J.) Anand Kr.
AFR/NAFR U T