Chandeshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12940 of 2025 ====================================================== Chandeshwar Prasad Son of Vijali Sah, Resident of Village and P.O. Raghai, P.S.- Siwaipatti, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate-cum-Collector, Muzaffarpur, District- Muzaffarpur. 3.

The Additional Collector, Disaster Management, Muzaffarpur, DistrictMuzaffarpur. 4.

Sub-Divisional Officer, East Muzaffarpur.

5.

Circle Officer, Minapur, District- Muzaffarpur. 6.

Block Development Officer, Minapur, District- Muzaffarpur. 7.

District Public Grievance Officer, Muzaffarpur. 8.

Director, District Rural Development Agency, Muzaffarpur. 9.

Sub-divisional Public Grievance Redressal Officer, East Muzaffarpur. 10.

Head Master, Government Higher Secondary School, Bandhara, Minapur, Muzaffarpur.

11.

Mukhiya, Gram Panchayat Raj, Raghai, Minapur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Respondent/s :

Mr.Government Advocate (05) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 18-08-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed with the following reliefs:- (I) For directing commanding the respondent to quash the memo no. 258 dated 3.5.2025 (Ann-P/8) by which respondent no.-2, learned Collector, rejected the claim of the petitioner stating therein that petitioner did not run the co-operative mess during flood in between 27.7.2020 to 10.8.2020 at Gram Panchayat Raj,

Patna High Court CWJC No.12940 of 2025 dt.18-08-2025 2/3 Raghai of Minapur block, Muzaffarpur in year 2020.

(ii) Also for directing and commanding the respondent to pay the dues amount to the petitioner as he was running the cooperative mess successfully during flood in between 27.7.2020 to 10.8.2020 at Gram Panchayat Raj, Raghai of Minapur block in the financial year 2020-21 by the order of Competent Authority i.e. respondent no.-3.

(iii) Issue a writ of mandamus or any other appropriate writ, order or directions directing the respondents to pay 18% per annum interest on aforesaid dues amount.

3. Counsel for the petitioner fairly submits that the petitioner has earlier moved before this Hon'ble Court in CWJC No.109 of 2024 in which vide order dated 15.02.2024, this Hon'ble Court has directed to District Magistrate-cumCollector, Muzaffarpur to call for the records relating to grievance of the petitioner and pass order.

4. Counsel further submits that the petitioner has filed a representation and order has been passed which is impugned here i.e., contained in Memo No.258 dated 03.05.2025, but still, grievance of the petitioner has not been settled fully. He further submits that hard earned money of the petitioner has been paid for the implementation of the

Patna High Court CWJC No.12940 of 2025 dt.18-08-2025 3/3 Government's scheme for the welfare of the public at large, but the respondent-State is not making the payment even after submission of the bill.

5. Counsel for the State submits that a reasoned and speaking order has been passed and the claim of the petitioner has not been accepted by the respondent authorities.

6. After hearing the parties, it transpires to this Court that there is a disputed question of fact involved in the present case, which may not be decided by this Court.

7. In this view of the matter, the present writ application stands disposed off, granting liberty to the petitioner to avail remedy before the competent civil court within 6 weeks from today.

8. However, trial court is hereby directed to expedite the matter as earliest as possible.

(Dr. Anshuman, J.) Prakashmani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.08.2025 Transmission Date N/A