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Patna High CourtCWJC/12847/2024disposed

Sazara Pravin v. The State Of Bihar

2024-11-27Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12847 of 2024 ====================================================== 1.

Sazara Pravin Wife of Md. Khurshid Alam, Resident of village - Asraha, Ward No. 7, P.S. - Keoti, District - Darbhanga. 2.

Satish Kumar Sudhanshu, Son of Sohan Kunwar, Resident of villageMurarpur, P.S. Bihar Sharif, District - Nalanda. 3.

Sanjay Kumar, Son of Jagdish Prasad, Resident of Village - Chhtter Bigha, P.S. - Bind, District- Nalanda.

4.

Md. Anum Afroj, son of Md. Idris, Resident of Village- Digho Patti, P.S. - Jaley, District- Darbhanga.

5.

Raman Kumar, Son of Bachendra Jha, Resident of Ward No. 35, Ayachi Nagar, Shahganj, P.S. Benta, District - Darbhanga. 6.

Vijay Kumar Bhaskar, Son of Mohan Sahani, Resident of Village- Simra, P.S. - Piar, District - Muzaffarpur.

7.

Raj Mohan Chaudhary, Son of Nageshwar Choudhary, Resident of VillageHansa Hakpada, Shivpuri Ward No. 14, P.S. and District - Saharsa. 8.

Bindeshwari Ram, Son of Late Vishwnath Ram, Resident of Village - Baijnathpur, P.S. Baijnathpur, District- Saharsa. 9.

Bineet Kumar Jha, Son of Lakshmi Narayan Jha, Resident of VillageDamodarpur, P.S. - Benipatti, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The Commissioner, MANREGA, Rural Development Department, Bihar, Patna.

3.

The Director, Rural Development Department, Government of Bihar, Patna. 4.

The Deputy Development Commissioner, District Rural Development Agency, Darbhanga.

5.

The Executive Engineer, MANREGA, District - Darbhanga. 6.

The District Magistrate cum District Programme Coordinator, Darbhanga. 7.

The District Programme Officer, Keoti Block, District - Darbhanga. 8.

Sri Ram Bali Singh, Son of Name not known to the petitioner, Member, the State Quality Monitor, Rural Development Department, Patna. 9.

Sri Shambhu Prasad, Son of Name not known to the petitioner, Member, the State Quality Monitor, Rural Development Department, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kripa Nand Jha For the Respondent/s :

Mr.Government Advocate (13) ======================================================

Patna High Court CWJC No.12847 of 2024(3) dt.27-11-2024 2/2 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-11-2024 Heard the parties.

2. Learned counsel for the petitioners has submitted that the impugned order dated 25.07.2024 passed by the District Magistrate, Darbhanga is based on the first enquiry report dated 20.10.2022 and he did not consider the second enquiry report dated 16.05.2023 conducted by the similar rank of authority which is Annexure-7 in which no irregularity was reported to be found.

3. Accordingly, the order dated 25.07.2024 passed by the District Magistrate, Darbhanga is set aside and the matter is remitted back to the District Magistrate, Darbhanga to pass a detailed and speaking order afresh within a period two months taking into consideration of both the enquiry reports and after giving opportunity of being heard to all the concerned parties.

4. With the aforesaid directions and observations, this writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Nirmal/AKV U