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Patna High CourtCWJC/31/2022dismissed

Vishal Singh v. The State Of Bihar

2022-01-11The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.31 of 2022 ====================================================== Vishal Singh Son of Vijay Kumar Singh Resident of Village- Bahadurpur, P.S.- Parasi, District- Arwal.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Magadh Division, Gaya. 3.

The District Magistrate, Arwal.

4.

The District Development Commissioner, Arwal. 5.

The Block Development Officer, Arwal Block, Arwal. 6.

The District Coordinator, Arwal Block, Arwal. 7.

Smt. Vimla Devi Wife of Satish Kumar Singh Resident of VillageBahadurpur, P.S.- Parasi, District- Arwal, at present Mukhiya, Rampur Baina Panchayat, Arwal Block, District- Arwal.

8.

Satish Kumar Singh S/o Late Ram Kailash Singh Resident of VillageBahadurpur, P.S.- Parasi, District- Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhilesh Dutta Verma, Advocate For the Respondent/s :

Mr.Anjani Kumar, AAG-4 ====================================================== 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 : 11-01-2022 Petitioner has prayed for the following relief(s): "I. For giving a direction to take appropriate action/enquiry against the erring officials of Arwal District, Arwal Block and Public

Patna High Court CWJC No.31 of 2022 dt.11-01-2022 2/3 representative Reampur Baina Panchayat (Mukhiya) for embezzlement of public fund by way of defalcation in connection with Swachha Bharat Mission (Gramin).

II. For giving a direction to lodge and an F.I.R.

though appropriate agency (Department of Vigilance) after a full enquiry.

III For a direction to complete the enquiry which was constituted on 28.05.2020 by Block Development Officer, Arwal upon the complaint of the petitioner.

IV. For any other relief/reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

We are in agreement with Shri Anjani Kumar, learned A.A.G. 4, that the present petition is more in the nature of private interest litigation than a public interest litigation. The dispute is inter se two families. On one side, petitioner has been pursuing his remedies before different appropriate forums, including by way of the present public interest litigation, and, on the other hand, the private respondents have initiated action against the petitioner. In fact an F.I.R. also stands registered against the petitioner prior to the filing of the present petition. All these facts stood concealed by the petitioner. It is nothing but forum shopping and obstructing the course of justice.

Patna High Court CWJC No.31 of 2022 dt.11-01-2022 3/3 As such, we dismiss the present petition with the cost of Rs. 10,000/-, to be deposited in Patna High Court Legal Services Committee.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS/- AFR/NAFR CAV DATE Uploading Date 13.01.2022 Transmission Date