Premchand Baitha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5443 of 2018 ====================================================== Premchand Baitha S/o Late Ram Lakshman Baitha, Resident of VillageSihpur, P.S.- Vijaipur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna.

2.

The Registrar, Hon'ble Mr. Justice Uday Sinha Judicial Inquiry Commission, 12-13 Back of Harding Road, Patna.

3.

The Deputy Development Commissioner, Gopalganj. 4.

The District Magistrate, Gopalganj.

5.

The Certificate Officer, Gopalganj.

6.

The Block Development Officer, Vijaipur, Gopalganj. 7.

The Programme Officer, Vijaipur, Gopalganj.

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

For the Petitioner/s :

None For the Respondent/s :

Mr. Binod Kumar Sinha, AC to Ex GP)-8 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 31-01-2023 Petitioner has prayed for the following relief(s): "(i) To issue a writ/writs and order/orders in the nature of certiorari for setting aside the order 27.12.17 passed in Case No. Gopalganj/93/02/CWJC/2017 passed by the Chairman the Hon'ble Justice Uday Sinha Judicial Inquiry Commission whereby and where under the case of the petitioner has been rejected even without making proper inquiry and/or without taking evidence of the petitioner

Patna High Court CWJC No.5443 of 2018(3) dt.31-01-2023 2/3 and concerning respondent authorities and also without following the direction/guideline of the order dated 21.09.2015 passed in CWJC No.

5638 of 2011 passed by this Hon'ble Court in true sense by which the Certificate Officer and Programme Officer has directed to recover the some in accordance with law.

(ii) That the petitioner further prays to issue direction to the B.D.O. or Programme Officer or Deputy Development Commissioner, Gopalganj or the concerned authority to refund the amount to the tune of Rs. 19,015/- to the petitioner deposited on protest vide cheque dated 07.11.2017 in terms of the direction of the Hon'ble Justice Uday Sinha Judicial Inquiry Commission.

(iii) The petitioner further prays to stay the further proceeding of Certificate Case No. 35/2012-13 pending before the learned Certificate Officer-cum- District Panchayat Raj Officer, Gopalganj.

(iv) To any other relief or reliefs to which the petitioner is entitled in the facts and circumstances of the case."

On 23.01.2023, we had passed the following order: "Despite repeated calls, none has entered appearance on behalf of the petitioner.

However, in the interest of justice, matter is adjourned.

List this case on 31.01.2023, in the

Patna High Court CWJC No.5443 of 2018(3) dt.31-01-2023 3/3 category of "Order Matters"."

Even today, despite repeated calls and pass over, none appears for the petitioner.

Petition is dismissed for default.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS U