Kedar Nath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15783 of 2019 ====================================================== Kedar Nath Ram Son of Late Nageshwar Ram Resident of Village- Chainpur, P.O.- Bela, P.S.- Dariyapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration, Bihar, Patna.

2.

The Honble Lokayukt Bihar, Patna.

3.

The Director Agricultural, Bihar, Patna.

4.

The District Magistrate Saran at Chapra.

5.

The Deputy Development Commissioner Saran at Chapra. 6.

The Block Development Officer Maker, District- Saran at Chapra. 7.

The District Certificate Officer Saran at Chapra. 8.

Nand Kishore Singh Son of Shiv Narayan Singh Resident of Kaitukalakshi, P.S.- Amnaur, District- Saran.

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Respondent/s :

Mr.P.K.Verma (AAG-3) Mr. Sanjay Kumar 'Ghosarvey', AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-08-2019 The present writ petition has been filed for quashing the entire proceedings of Case No. 1/Lok (Rural Development Department)/75/2008, pending before the Lokayukt, Bihar, Patna as also the order dated 25.06.2015, whereby and whereunder the learned Lokayukt, Bihar, Patna has directed the Certificate Officer and the Department to recover the amount in question and the petitioner has been directed to appear personally.

The short argument made by the learned counsel for

Patna High Court CWJC No.15783 of 2019(2) dt.07-08-2019 2/2 the petitioner is that as per the provisions contained in Section 29(5) (a) of the Bihar Lokayukt Act, 2011, the Lokayukt is precluded from investigating any complaint, involving a grievance, if the complaint is made after the expiry of 12 months from the date on which the action complained against becomes known to the complainant.

Having regard to the aforesaid provisions contained in Section 29(5)(a) of the Bihar Lokayukt Act, 2011, I deem it fit and proper to grant liberty to the petitioner to file an appropriate petition before the learned Lokayukt, Bihar, Patna, in the on going proceedings, raising the aforesaid issue, which shall be first decided by the learned Lokayukt before proceeding further in the matter.

The writ petition stands disposed off with the aforesaid directions.

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