Anwar Sayeed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12715 of 2023 ====================================================== Anwar Sayeed Son of late Md. Wazaur Ahmad, Resident of Village- Mehsaul, P.S- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Additional Chief Secretary, Vigilance Investigation Beauro, Government of Bihar.

3.

Commissioner, Manerega, Rural Development Department, Government of Bihar.

4.

Commissioner, Tirhut Division, Sitamarhi.

5.

District Magistrate, Sitamarhi.

6.

Deputy Development Commissioner, Sitamarhi.

7.

Block Development Officer, Runnisaidpur Block, District- Sitamarhi. 8.

The Programme Officer, Runnisaidpur Block, District- Sitamarhi. 9.

The Junior Engineer, Mgnrega, Runnisaidpur, District- Sitamarhi. 10.

Panchayat Rojgar Sevak, Runnisaidpur, District- Sitamarhi. 11.

Executive Engineer, Jal Nishran Pramanda, Sitamarhi. 12.

The Block Maneraga Officer, Runnisaidpur, Block District- Sitamarhi. 13.

The Nodal Officer, Block- Runnisaidpur, District- Sitamarhi. 14.

Sajee Ahmad Son of Late Shafi Ahmad, Resident of ward no. 11, VillageMehsaul, P.S- Runnisaidpur, District- Sitamarhi at present Mukhiya of Gram Panchayat Raj, Gangwara Buzurg, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Advocate Mrs.Ritika Rani, Advocate For the State :

Mr.Vikash Kumar ( SC- 11 ) For the Vigilance :

Mrs. Archana Palkar Khopde, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2024 The present writ petition has been filed seeking the following reliefs:- "1. (A) For commanding the respondents, Additional Chief

2/4 Secretary, Vigilance Investigation Bureau to inquire into the matter after lodging FIR pursuant to the application made by the petitioner on 31/5/23 against the Private respondent and other respondents consisting the Deputy Development Commissioner, Sitamarhi for misappropriation, and defalcating the government money amounting Rs. 7.5 Lakhs in execution of different schemes under the MGNREGA being scheme no 051400101/LD/20254258-earthwork in Meshsaul Cemetery part-1 and scheme no.

0514001013/LD/20280350-soil in Mehsaul cemetery under Karma Karya part-2 considering money has been withdrawn without completion of work on the basis of farji job cards.

(B) For commanding the state authority to take legal action as well as departmental action against the government servants who are connected with the MGNREGA scheme 051400101/LD/20254258earthwork in Meshsaul Cemetery part.

and scheme no.

0514001013/LD/20280350- soil in

3/4 Mehsaul cemetery under Karna Karya part-2 in which money has been withdrawn on the basis of farji job cards without completion of the work.

(C) Also for commanding respondents to take legal action against the respondent specially Deputy Development Commissioner, Sitamarhi namely Prabhat Kumar who ordered for fresh inquiry by Executive Engineer, water drainage circle, Sitamarhi who is junior to the Senior Deputy Collector cum the then Nodal Officer Runnisaidpur who submitted the report vide letter no 130 dated 10/3/23 addressed to the Deputy Development Commissioner, Sitamarhi about misuse of public money and irregularity in soil work.

(D) Also for quashing the office order vide memo no 1099 dated 20/5/23 issued by the Deputy Development Commissioner, Sitamarhi namely Prabhat Kumar authorizing Executive Engineer, Water Drainage Circle, Sitamarhi for submitting detailed report against the application made by the petitioner without indicating date of the application with respect to the soil work(earthwork) of Kabristaan in Village Mehsaul, Block-

4/4 Runnisaidpur, District-Sitamarhi."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondent no. 3 for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off.

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