Birendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10202 of 2023 ====================================================== 1.

Birendra Kumar Singh Son of Late Jagdeo Singh Resident of Village- Bihta, Police Station- Tarari, District- Bhojpur, Ara. 2.

Vinod Singh, Son of Surendra Singh Resident of Village- Karath, Police Station- Tarari, District- Bhojpur, Ara.

3.

Subhash Kumar, Son of Buchul Ram Resident of Village- Jethawar, Police Station- Tarari, District- Bhojpur, Ara.

4.

Baliram Singh, Son of Munni Singh Resident of Village- Bihta, Police Station- Tarari, District- Bhojpur, Ara.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Bhojpur at Ara.

3.

The Deputy Development Commissioner, Bhojpur at Ara. 4.

The Sub Divisional Officer, Ara Sadar, Bhojpur. 5.

The Block Development Officer, Tarari Block, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. S. Raza Ahmad, AAG V ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 10-07-2026

1. The petitioners have filed the instant application for the following reliefs:

"(i) For issuance of an appropriate writ directing and commanding the respondents to quash notices bearing letter no.768 dated 20.04.2023, issued by the Block Development Officer, Sarari, Bhojpur in the name of petitioner no. 1 to 4.

(ii) For issuance of an

2/4 appropriate writ directing and commanding the respondents to brought on record the report of Justice Uday Sinha Enquiry Commission which was communicated to the Rural Development Department, Govt.

of Bihar vide letter no. 1099 dated 20.06.2018."

2. At the very outset, the Learned counsel appearing on behalf of the parties submit that the issue involved in the present Writ petition is no longer res integra. It is contended that the issue stands squarely covered by order dated 20.06.2022 passed by a Division Bench of this Court in C.W.J.C. No.20474 of 2021 (Pramod Baitha Vs. Devanti Devi) and others analogous cases, wherein an identical issue was considered and adjudicated. The Learned counsel for the parties, therefore, submit that in view of the aforesaid order, the present writ petition may also be disposed of, in terms of the order dated 20.06.2022.

3. In Pramod Baitha (supra) this Court has held as follows:

"Under the aforesaid

3/4 circumstances, this Court deems it appropriate to direct the writ applicants to approach the respective Deputy Development Commissioners of the districts, within a period of two weeks, who would hear out the writ applicants personally or through their authorized representatives and fix the responsibility. In case it is found by the concerned DDCs that the petitioners are not at fault, he shall pass a reasoned order within a period of ten weeks of the receipt of such applications by the respective writ petitioners. In case it is found that the petitioners are under an obligation to return the quantified amount to the Government, that shall be done promptly.

Since the facts of the case of the writ applicants was not examined by the three member commission of inquiry, the concerned DDCs shall look into the matter dispassionately and shall pass a reasoned order, as noted above, within the time frame so provided.

Till such time, no coercive steps shall be taken against the petitioners.

Needless to state that even the Government authorities shall be heard before passing a final order.

With the aforesaid directions/observations all the writ petitions are disposed off."

4/4

4. Having regard to the submissions made by the parties, the present writ petition stands disposed of in terms of the aforesaid judgment passed in Pramod Baitha (supra).

5. Interlocutory Application, if any, shall stands disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.07.2026 Transmission Date