Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13536 of 2022 ====================================================== Umesh Yadav son of Ganesh Yadav, resident of Kali Mandir (Lilmi) Bharkahua, Barhat, Jamui.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Rural Work Department, Government of Bihar, Patna.
2.
The Principal Secretary, Government of Bihar, Patna. 3.
The Divisional Commissioner, Munger.
4.
The District Magistrate, Jamui.
5.
The Deputy Development Commissioner, Jamui.
6.
The Superintendent of Police, Jamui.
7.
The Block Development Officer, Barhat, District- Jamui. 8.
The Mukhiya, Gram Panchayat Raj, Barhat, Block Barhat, District- Jamui. 9.
The Panchayat Secretary, Gram Panchayat Raj, Barhat, Block Barhat, District- Jamui.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Advocate For the Respondent/s :
Mr.Ajay (GA5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 16-09-2022 Petitioner has prayed for the following relief(s): "(i) For commanding the respondents to make enquiry with respect to the defalcation
Patna High Court CWJC No.13536 of 2022 dt.16-09-2022 2/3 of money made by the Mukhiya of Gram Panchayat Barhat, Block Barhat under the District of Jamui with respect to the different Government plans under the block Barhat, Police Station Barhat, District Jamui.
(ii) Consequent to the enquiry, erring persons may be suitably punished who are defalcating the Government fund of different plans being run by the Government and the public in general is suffering from the benefits of the Government plans due to illegal act of the persons involved in misappropriating the fund. (iii) Any other relief or reliefs may be granted to the petitioner as he is found legally entitled to in the facts and circumstances of the case."
After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.
Prayer allowed.
The petition is disposed of as withdrawn with the liberty aforesaid.
Patna High Court CWJC No.13536 of 2022 dt.16-09-2022 3/3 Liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.
It stands clarified that all issues of fact and law are left open to be agitated by the competent authority. Interlocutory application(s), if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 20.09.2022 Transmission Date