Firoz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20997 of 2019 ====================================================== Firoz Alam, S/o Late Syed Mahmood Hassan, R/o Village- Inderwa Abdullah, P.S. Gopalganj, District- Gopalganj.
... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.
Principal Secretary, Panchayat Raj Bibhag Patna. 3.
District Magistrate, Gopalganj.
4.
District Panchayat Raj Officer, Gopalganj.
5.
Block Development Officer, Thawe Block, District- Gopalganj. 6.
District Development Commissioner, Gopalganj. 7.
Triloki Nath Singh, The then Panchayat Secretary, Inderwa Abdullah Panchayat under Thawe Block, District- Gopalganj. 8.
Sardanand, the then Panchayat Secretary, Inderwa Abdullah Panchayat Block Thawe, District- Gopalganj.
9.
Sumitra Devi W/o Subhas Singh Mukhiya, Gram Panchayat Raj Inderwa, Abdullah, P.S.- Gopalganj, District- Gopalganj. 10.
Subhas Singh Khuswaha, S/o Late Vishwanath Singh, R/o VillageSukulwan Khurd, P.S.- Gopalganj, District Gopalganj. 11.
Ramjeet Gond, Son of not known Panchayat Secretary, Inderwa Abdullah, Block Thawe, District Gopalganj.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Aslam Ansari, Advocate For the Respondent/s :
Mr. Ajay (GA-5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-12-2020 The petitioner has prayed for following relief(s):
"1(A) A writ in the nature of mandamus directing and commanding the respondent authority to make thorough investigation about the misused of
2/5 Public money about of Rs. 27,00,000 lakh which may be extended up to crore issued under Mukhya Mantri Saqt Nischay Yojna to the Inderwa Abdullak Panchayat under thawe Block Dist Gopalganj.
(B) A writ in the nature of mandamus directing and commanding the concerned agency like anticruption bureau/Vigilance/CBI or any agency who investigate the matter fairly about gross misuse of Public money in Inderwa Abdullah Panchayat and other panchayat also under the same Block.
(C) A writ in the nature of mandamus for directing and commanding the respondent to take proper action against the persons concerned who are involved in loot of Public money which has been issued in the name Mukhya Mantri Seat Nischay Yojna.
(D) Any other reliefs to which the petitioner is entitled one the facts and circumstances of the case."
After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the respondent No. 3 to consider and decide the representation (Annexure-1 to the writ petition) filed by the petitioner for redressal of the grievance(s).
Shri Ajay, who appears on behalf of the State, states that the District Magistrate, Gopalganj already stands directed to consider and decide the petitioner's representation
3/5 (Annexure-1), within reasonable time.
Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.
We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action.
We have not expressed any opinion on merits. All issues are left open.
The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.
The petition stands disposed of in the aforesaid terms. After the matter was heard for some time, learned
4/5 counsel for the petitioner submits that petitioner shall be content if a direction is issued to the respondent No. 3 to consider and decide the representation (Annexure-1 to the writ petition) filed by the petitioner for redressal of the grievance(s).
Shri Ajay, who appears on behalf of the State, states that the District Magistrate, Gopalganj already stands directed to consider and decide the petitioner's representation (Annexure-1), within reasonable time.
Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.
We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action.
5/5 We have not expressed any opinion on merits. All issues are left open.
The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, also stands disposed of.
Interlocutory Application(s), if any, also stands disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) Amrendra/Sujit AFR/NAFR CAV DATE Uploading Date 16.12.2020 Transmission Date