Patna High CourtCWJC/14831/2016disposed

Baleshwar Yadav And ORS v. The State Of Bihar And ORS

2016-09-20Justice Smt. Anjana Mishra,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14831 of 2016 ======================================================

1. Baleshwar Yadav, Son of Late Mewalal Yadav

2. Deo Sharan Paswan, Son of Late Faudar Paswan

3. Vinod Sahni, Son of Late Bahadur Sahni

4. Jagdish Sada, Son of Late Baun Sada

5. Dilip Bhagat, Son of Sri Jagdish Bhagat All are resident of village-Kansi, Police Station-Simri, District- Darbhanga (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

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

3. The Commissioner, Darbhanga Region, Darbhanga

4. The District Magistrate, Darbhanga.

5. Pawan Kumar Choudhary, Son of not known to the Petitioners, the then Mukhiya of Gram Panchayat Raj, Kansi, P.S.-Simri, District-Darbhanga .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No.2, Advocate For the Respondent/s : Mr. Pushkar Narain Shahi, AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Manish Kumar No.2, learned Counsel, appearing for the petitioners, and Mr. Pushkar Narain Shahi, learned AAG-4.

Having regard to the nature of allegations, which have been made in the present writ petition, in the form of Public Interest Litigation, we are clearly of the view that there is no impediment on the part of the petitioner to either lodge a

Patna High Court CWJC No.14831 of 2016 (2) dt.20-09-2016 2/2 First Information Report with the jurisdictional Police Station or to lodge a complaint case in a criminal Court of competent jurisdiction and, therefore, the extraordinary jurisdiction of this Court, under Article 226 of the Constitution of India, cannot be invoked.

In view of the above, this writ petition is closed with the liberty given to the petitioners to take recourse to the appropriate provision of law as may be permissible. If a First Information Report is lodged or a complaint is filed, the same shall be dealt with expeditiously, in accordance with law.

(I.A. Ansari,CJ) (Anjana Mishra, J) PNM U