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Patna High CourtCWJC/10244/2023disposed

Ranjeet Sinha v. The State Of Bihar

2024-09-03Mr. Justice Mohit Kumar Shah4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10244 of 2023 ====================================================== Ranjeet Sinha S/o Shri Ishwar Dayal R/o- Sipah, Ward No. 49, P.O. Rana Bigha, P.S.- Deep Nagar, Bihar Sharif, Nalanda- 803216. ... ... Petitioner/s

Versus

1.

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

2.

Circle Officer, Block- Bihar Sharif, Bihar Sharif, Nalanda- 803101. 3.

Block Development Officer, Block- Bihar Sharif, Bihar Sharif, Nalanda803101. 4.

Surendra Paswan, Panchayat Secretary, Gram Panchayat Rana Bigha, P.O. Rana Bigha, District- Nalanda- 803216.

5.

Kishore Kunal, Nagar Ameen, Bihar Sharif Municipal Corporation, Bihar Sharif, District Nalanda- 803101.

6.

Anil Ravi Das, Assistant Revenue Officer, Bihar Sharif Municipal Corporation, Bihar Sharif, District Nalanda- 803101. 7.

Pankaj Kumar, Executive Engineer, Local Area, Engineering Organisation, Bihar Sharif, District Nalanda- 803101.

8.

Sanjay Kushwaha, S/o Rajendra Prasad Mohalla- Sipah, Ward No. 49, P.O. Rana Bigha, P.S. Deep Nagar, District- Nalanda- 803216. 9.

Sub Divisional Public Grievance Redressal Officer, District Collectorate, Bihar Sharif, District- Nalanda- 803101.

10.

Additional District Magistrate (District Grievance Redressal)-cum- First Appellate Authority, District Nalanda, at Bihar Sharif, District- Nalanda803101. 11.

District Magistrate-cum-Second Appellate Authority, Nalanda, District Collectorate, At Bihar Sharif, District- Nalanda- 803101. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Alka Verma, Advocate For the Respondent/s :

Mr.Vikash Kumar ( SC- 11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-09-2024 The present writ petition has been filed seeking the following reliefs:- "1. For quashing the order dated

2/4 26.12.2022 of the District Magistrate, Nalanda cum Second Appellate Authority, by which he has regularised the illegal construction on Khata No. 176, Plot No. 687.

II. For issuance of an appropriate writ for setting aside the orders dated 05.09.2022, 23.11.2022 and 26.12.2022 passed by the Respondent No. 9, 10 and 11 respectively whereby the Respondents No. 9, 10 and 11 completely over looked the wrong approval/NOC given by the Respondent No. 2, Circle Officer, Bihar Sharif, Block for the land holding of Khata No.169, Khasra No.686, Area 07 Decimal which has been shown as Gairmajarua Rasta in the Survey Khatiyan.

III. For issuance of an appropriate writ for registering First Information Report (FIR) on the complaint dated 01.07.2022 of the petitioner against the erring respondents No. 2 to 8 for the offence under Section 13(1)(c) and (d) of the Prevention of Corruption Act and under Sections 217 and 218 of IPC against the Respondents No.5 and 6 for giving

3/4 an incorrect record/writing of measurement of land holding of Khata No.169, Khasra No.686, Area 07 decimal with an intent to save the erring Respondents Nos. 2, 3, 4, 7 & 8.

IV. For issuing the direction to conduct detail and thorough enquiry/investigation on the complaint dated 01.07.2022 of the petitioner (given by hand) by an independent and impartial agency and provide a copy of complete enquiry report to the petitioner in terms of law laid down by the Hon'ble Supreme Court of India in the case titled "Lalita Kumari Vs.

State of Uttar Pradesh".

V. For an order of recovery of embezzled public money to the tune of INR 5,57,700/- from the erring respondents their agents, servants either severally or jointly from their salary/personal assets."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for

4/4 redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U