Mukund Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9837 of 2023 ====================================================== Mukund Tiwari, Son of Dhrm Dev Tiwari, Resident of Village and P.O.- Majirwa, Gram Panchayat-Gola Pakariya, Ward No. 07, P.S.-Lakhaura, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Panchayati Raj Department, Government of Bihar.

3.

The Director, Panchayati Raj Department, Government of Bihar, Patna. 4.

The Special Secretary, Panchayati Raj Department, Government of Bihar, Patna.

5.

The District Magistrate, East Champaran (Motihari). 6.

The District Panchayati Raj Officer, East Champaran (Motihari). 7.

The Block Development Officer, Bankatwa, District-East Champaran. 8.

Sri Rajnish Kumar Mishra, Son of Late Jyoti Naryan Mishra (The Then Mukhiya), (2011-16), Residence of Village Gola, Pakariya, P.S.-Lakhora, District-East Champaran.

9.

Smt. Anjala Devi, Wife of Sri Rajnish Kumar Mishra (The Then Mukhiya), (2016-21), Residence of Village Gola, Pakariya, P.S.-Lakhora, District-East Champaran.

10.

The Panchayat Secretary, Grampanchayat Raj-Gola, Pakariya, P.S.-Lakhora, District-East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravin Kumar, Advocate For the Respondent/s :

Mr. Kumar Alok (SC7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-07-2023

1. The writ petition, in the nature of a public interest litigation, is filed for directions to the concerned respondents to conduct physical enquiry of Yojna/Schemes of the Gram Panchayat

Patna High Court CWJC No.9837 of 2023 dt.18-07-2023 2/2 Raj Gola Pakariya during the financial year 2011-2022. It is the submission of the petitioner that many schemes were allotted for the development of the said Gram Panchayat, but the Mukhiya had misappropriated the entire money without carrying out any work.

2. It is the financial irregularities of the Government fund that is sought to be enquired into. The petitioner admits that he was a candidate for the election of the Mukhiya of the Gram Panchayat, but however, he failed. The petitioner also seeks for an enquiry against the 8th and 9th respondents, who are husband and wife and who were the Mukhiya of the Gram Panchayat between various periods, respectively between 2011-2016 and 2016-21.

3. We find absolutely no bonafides in the application and the public interest litigation which makes bland allegation against two persons and we dismiss the same.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) Sunil/- AFR/NAFR NAFR CAV DATE Uploading Date 20.07.2023 Transmission Date