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Patna High CourtCWJC/7963/2015disposed

Kameshwar Singh v. The State Of Bihar And ORS

2016-01-19Mr. Justice Chakradhari Sharan Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7963 of 2015 ======================================================

1. Kameshwar Singh, Son of Ram Chandra Singh, resident of VillageMajalispur Purana Tola, Panchayat-Allipur Hatta P.S.-Mahner, DistrictVaishali. .... .... Petitioner

Versus

1. The State of Bihar through Chief Secretary of Government of Bihar, New Secretariat, Patna.

2. The District Magistrate, Vaishali, District-Vaishali at Hajipur.

3. The Sub-Divisional Officer, Mahnar, District- Vaishali at Hajipur.

4. The Block Development Officer, Mahnar, District- Vaishali at Hajipur.

5. The Panchayat Secretary, Panchayat-Allipur Hatta, P.S.- Mahnar, District- Vaishali at Hajipur.

6. The Mukhiya Panchayat Allipur, P.S. - Mahnar, District- Vaishali at Hajipur.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shyama Kant Singh For the Respondent/s : Mr. P.K. Verma, AAG 5 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 19-01-2016 Heard Mr. Shyama Kant Singh, learned counsel for the petitioner, and Mr. P. K. Verma, learned Additional Advocate General No. 5, appearing for the respondents. Having regard to the fact that nature of averments, which have been made in the present writ petition, under Article 226 of the Constitution of India, in the form of PIL, we are of the view that respondent No.2, namely, District Magistrate, Vaishali, needs to look into the allegations, which have been made in the writ

Patna High Court CWJC No.7963 of 2015 (3) dt.19-01-2016 petition against the functionaries of Mahnar Block in Alipur Hatta Panchayat, District Vaishali, in respect of disbursement of Indira Awas and Old Age Pension Scheme. We, therefore, direct the District Magistrate, Vaishali, to conduct an enquiry into the matter and complete the same within a period of three months from the date of receipt of a copy of this order and, in terms of the findings of the enquiry, necessary action shall be taken in accordance with law if the allegations or part thereof, made in the petition, are found to be true.

It would remain open to the petitioner and also to the other respondents to take recourse to such appropriate provisions of law as may be permissible if any one is found involved in the alleged commission of misappropriation of public fund. With the above observations and directions, this writ petition is closed.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./- U