Mohan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14591 of 2023 ====================================================== Mohan Mishra S/o Ragunath Mishra, Resident of Station Road, Mishra Market, Dumraon, Dist-Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Nagar Vikash and Aawash Vibhag, Patna, Bihar.

2.

Divisional Commissioner, Patna Division, Patna. 3.

The I.G., Economic Offence Unit, Bihar, Patna. 4.

The SHO, Police Station Vigilance.

5.

The Nagar Parishad, Dumraon, Dist-Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Shankar Choubey, Adv.

For the Respondent/s :

Mr.Kinkar Kumar ( Sc 9 ) For the EOU :

Mr. V.N.P.Sinha, Sr. Adv.

Ms. Soni Srivastava, Adv.

For the Nagar Parishad :

Mr. Ashok Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-05-2024 The present writ has been filed seeking the following reliefs:- "1(i). For the issuance of appropriate Writ/ Writs, Order/Orders. Direction/ Directions in the nature of Writ of Mandamus directing and commanding the respondent authorities to take action against the Nagar Parishad, Dumraon, Dist-Buxar, who have acted in violation of the Govt. resolution dated 9.5.2018 bearing memo no 2574 whereby and whereunder it was clear direction that no work shall be taken from the Junior Engineer under Contract but despite that several works have been done violating the govt. resolution/direction issued in that regard.

Patna High Court CWJC No.14591 of 2023(2) dt.03-05-2024 2/2 (ii). For issuance of Writ of Mandamus directing and commanding the respondent authorities to decide the application of the petitioner dated 20.5.2023 which is still pending before the respondents authorities taking action on the concerned respondents who violated the Govt. resolution dated 2574 dated 9.5.2018 by which earlier resolution no. 3557 dated 20.11.2014 was amended in which it was clearly directed that the Junior engineer engaged on contract basis should not be taken work but in Nagar Parishad, Dumraon several works have been taken from such contractual Junior engineer.

(iii). To take legal action against the responsible persons who in violation of the Govt. direction have misappropriated the Govt. money in the said Nagar Parishad."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/- U