Sudhanshu Kumar Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12769 of 2017 =========================================================== Sudhanshu Kumar Tiwary, Son of Late Satya Narayan Tiwary, Resident of Village- Amtha Khem, P.O.- Line Bazar, P.S.- Phulwaria, District- Gopalganj presently Secretary General, District Fair Price Dealer's Association, Gopalganj, District- Gopalganj.

.... .... Petitioner/s

Versus

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

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Principal Secretary, Department of General Administration, Govt. of Bihar, Patna.

4. The Collector, Gopalganj.

5. The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

6. The Principal Secretary, Department of Cabinet Vigilance, Soochana Bhawan, New Secretariat, Patna.

7. Sri Dilip Kumar Ram, the Sub - Divisional Officer, Hathua, District- Gopalganj. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate For the State : Mr. S. Raza Ahmad-AAG-5 Mr. Vishwambhar Prasad, AC to AAG-5 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 08-11-2017 Inter alia pointing out various irregularities said to have been committed by respondent No. 7, the Sub-Divisional Officer, Hathua, Gopalganj in discharge of his official duties and contending that the representation submitted by the petitioner has not been taken note of, this petition has been filed in public interest. The petitioner claims to be a private institution,

Patna High Court CWJC No.12769 of 2017 dt.08-11-2017 2/2 but we find that he is office bearer of an association which has interest in the working of respondent No. 7, the Sub-Divisional Officer. In view of the aforesaid, we are not inclined to interfere into the matter at the instance of the petitioner in the Public Interest Litigation invoking our jurisdiction under Article 226 of the Constitution. However, the petitioner is granted liberty to make a detailed complaint in its statutory form before the Lok Ayukta organization to initiate proceeding under criminal law as provided under law against the officer concerned.

With the aforesaid liberty to the petitioner, finding no indulgence into the matter, we dispose of the matter. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15/11/2017 Transmission Date NA