Upendra Prasad Sahu @ Upendra Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17489 of 2022 ====================================================== Upendra Prasad Sahu @ Upendra Sahu s/o Sri Ramsharan Sahu residence of at village- Muriya, P.O.- Adalpur, P.S.- Sadar Darbhanga, District- Darbhanga. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
2.
The District Magistrate, Darbhanga.
3.
The Deputy Development Commissioner, Darbhanga. 4.
The District Panchayati Raj Officer, Darbhanga. 5.
The Block Development Officer, Darbhanga Sadar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Respondent/s :
Mr. Kumar Alok, (SC-7) Mr. Satyeshwar Prasad, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-08-2023 Heard the parties.
The present writ application has been preferred for: (i) issuance of writ/writs, Order/Orders, Direction/ Directions by way of issuance of writ of Mandamus directing the Respondent No.-02 District Magistrate, Darbhanga to pass a appropriate order in compliance of the direction issued in C.W.J.C. No.-347 of 2021 dated 16-07-2021 whereby where
2/4 under the D.M. Darbhanga, requires to investigate the matter regarding the over act of the respondent No.-05 local B.D.O.. Darbhanga in implementing the development of the work of Darbhanga Sadar 34 Panchayat since the year' 2016 wrong working culture and non-transparency against the conducting Panchayat Samiti in illegal manner ignoring the petitioner as the then Chairman and the B.D.O., Darbhanga under his sole authority taken over the work and funds were used as per his own wish and will without proper Panchayat those who worked for the development of the Panchayat as approve by the elected body worked under Pramukh in accordance with Panchayat Raj Act;
(ii) further be pleased to issue direction to District Magistrate,
3/4 Darbhanga that the petitioner is for this Hon'ble Court for the redressal of the grievances for the work done from the year 2016;
(iii) further be pleased to pass for issue writ of Mandamus directing the D.M. Darbhanga that the enquiry be made by Panchayat development commissioner, Darbhanga who is authority in the eye of law and being controlling officer for the Block and Panchayat development works in the district.
Learned State Counsel has taken this Court to an order of the co-ordinate Bench in CWJC No. 347 of 2021, disposed of on 16.07.2021 (Annexure-I to the petition). According to which, the petitioner had earlier moved for the same cause of action which was dismissed as withdrawn with liberty to pursue before the District Magistrate, Darbhanga. Once again the petition.
Even the co-ordinate Bench had earlier directed to seek remedy before the District Magistrate, Darbhanga, the
4/4 repeated petitions is/are unwarranted.
The writ petition stands dismissed.
(Rajiv Roy, J) kiran/- U