Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9653 of 2024 ====================================================== Saurabh Kumar Son of Ramdas Yadav, Resident of Village- Banshipur, P.S.- Kiul, District- Lakhisarai (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

2.

The Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

3.

The Principal Secretary, Co-operative Department, Government of Bihar, Patna.

4.

Director General of Police, Bihar, Patna.

5.

The District Magistrate, Lakhisarai.

6.

The Superintendent of Police, Lakhisarai.

7.

The Additional District Magistrate, Lakhisarai. 8.

The District Cooperative Officer, Lakhisarai. 9.

The Block Cooperative Officer, Chanan, Lakhisarai. 10.

The Chairman, PACS Khutukpar, P.S.- Kiul, District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Government Pleader 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-09-2024 Heard the parties.

2. The present petition has been filed for the grant of following relief:- (A) In the nature of "certiorari" for setting aside the joint report and recommendation of District Co-operative officer and District supply officer, Lakhisarai dated 06/04/2024 to the extent that allegation leveled by the petitioner are not proved despite findings being contrary to the

Patna High Court CWJC No.9653 of 2024(3) dt.30-09-2024 2/3 recommendation.

(B)In the nature of "Mandamus" directing and commanding the respondent no. 1 and 3 to get the procurement of paddy for Kharif marketing season 2021-22 carried out by the Khutukpar PACS in the District of Lakhisarai, investigated by the independent agency as same has been carried out without following the guidelines issued by the State of Bihar.

(C)For a direction to the said investigating agency to assess the misappropriation of the Govt. fund by the said PACS Chairman in connivance with the procurement agency and bring the persons responsible for misappropriation to the book and punish them in accordance with law.

(D) In the nature of "mandamus" directing and commanding the respondent authorities to restrain the PACS Khutukpar from the procurement of paddy for the ensuing seasons until further order or till investigation is complete.

(E)For any other relief/reliefs for which the petitioners may be found entitled to in the facts and circumstances of the case.

3. The affidavits have come on behalf of the respondents also.

4. Learned counsel for the petitioner submits that he

Patna High Court CWJC No.9653 of 2024(3) dt.30-09-2024 3/3 has voluminous document to show that the financial illegality is committed by the respondents.

5. He submits that in that background, with affidavit the entire document will be presented before the Vigilance Department, Bihar, Patna.

6. If he has certain documents to support his case, it would be appropriate that he will approach the appropriate authority instead of invoking the writ jurisdiction.

7. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) vinayak/- U