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Patna High CourtCWJC/15014/2022withdrawn

Sitaram Sah @ Sitaram Sahu v. The State Of Bihar

2022-11-04The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15014 of 2022 ====================================================== Sitaram Sah @ Sitaram Sahu, son of late Bhaglu Sahu, resident of VillageChichari Kanungo, P.S. Rajnagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

2.

The Joint Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The Commissioner, Darbhanga Division, Darbhanga. 4.

The District Magistrate, Madhubani.

5.

District Panchayati Raj Officer, Madhubani.

6.

Sub Divisional Officer, Sadar, Madhubani.

7.

Block Development Officer, Rajnagar, District- Madhubani. 8.

Block Panchayati Raj Officer, Rajnagar, District- Madhubani. 9.

Panchayat Secretary, Gram Panchayat Raj Chichari Kanungo, P.S.- Rajnagar, District- Madhubani.

10.

Mukhiya, Gram Panchayat Raj Chichari Kanungo, P.S.- Rajnagar, DistrictMadhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Respondent/s :

Mr.Ajay, GA-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (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.) 04-11-2022 The petitioner has prayed for the following relief/s :- "for issuance of an appropriate writ, order or direction for directing the respondents to make an extensive enquiry against the

Patna High Court CWJC No.15014 of 2022(2) dt.04-11-2022 2/3 financial work done by Respondent No.9 and 10 because they have done the work with substandard material and many of those schemes on which the money has been granted and taken by them from the department on earth no work has taken place as well as for the implementation of order passed by the Joint Secretary, Rural Development Department, Government of Bihar Patna, contained in letter no. 401995 dated 18.12.2018 passed in (Darbhanga) Case No.8 of 2018 as well as for implementation of order passed under the signature of District Panchayati Raj Officer, Madhubani contained in letter no. 1433 dated 18.09.2020 as well as to refrain the respondent no.9 and 10 to make any further financial activities as well as to direct the independent agency to make an impartial audit to the bank account of the Gram Panchayat, Chichari Kanungo."

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.

Patna High Court CWJC No.15014 of 2022(2) dt.04-11-2022 3/3 Prayer allowed.

It stands clarified that all issues of fact and law are left open to be agitated before the competent authority. The petition is disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Ashwini/Sujit U