Vijay Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17023 of 2023 ====================================================== Vijay Chaudhari S/o Suresh Chaudhari, Resident of ward no. 14, Village and P.O. - Chandpura, P.S. - Patori, District - Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
2.
The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3.
The District Magistrate, Samastipur.
4.
The District Panchayati Raj Officer, Samastipur. 5.
The Sub-Divisional -Officer, Sahpur Patori, Samastipur. 6.
The Block Development Officer, Sahpur Patori, Samastipur. 7.
The Block Panchayati Raj Officer, Patori, Samastipur. 8.
The Panchayat Secretary, Gram Panchayat Raj, Chaksaho, Block - Sahpur Patori.
9.
Balwant Kumar Rai, S/o Shri Fakira Rai, R/o- Village and P.O. - Chandpura, P.S. - Patori, District - Samastipur, 848504. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Ranjan For the Respondent/s :
Mr.Smt. Archana Meenakshee (Gp6) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-09-2024
1. The present writ petition has been filed seeking the following relief(s):- "1.(i). For quashing of the letter no. 3971 dated 22.09.2023 issued under the signature of District Panchayati Raj Officer, Samastipur, addressed to Block Panchayati Raj Officer, Patori, whereby and where under a direction has been issued for taking legal action, to institute FIR, as well as to institute certificate proceeding, against scheme agent and Junior Engineer of Gram Panchayat Chaksaho, Block Patori, for work of ward no.14,
Patna High Court CWJC No.17023 of 2023(3) dt.03-09-2024 2/3 pertaining to renovation and PCC work of Water ways bandh near Kadam ghat, pursuant to and in compliance of the order dated 29.08.2023, issued under the signature of Sub divisional Public grievances redressal officer, Samastipur, in a very arbitrary and illegal manner without ever issuing any notice or any showcause and without asking any reply from the petitioner or granting any opportunity to him, which is in teeth and violation of the principles of natural justice.
(ii) For quashing of the order dated 29.08.2023 issued under the signature of Sub-Divisional Public Grievances redressal officer, Patori, District Samistipur, whereby and where under a direction has been issued to Block Development officer, Patori and Block Panchayati Raj Officer, Patori for taking appropriate action against persons responsible, by a cryptic and vague order, for work of ward no.14.
(iii). For declaring and holding that the entire process of investigation has been carried out behind the back of the petitioner, as the petitioner was never called upon or was allowed to participate in the investigation, proceedings and entire investigation was done behind the back of the petitioner in violation of the settled principle of law and violation of the Principles of natural justice.
(iv) For commanding and restraining the respondent authorities to take any further
Patna High Court CWJC No.17023 of 2023(3) dt.03-09-2024 3/3 coercive action against the petitioner."
2. At the outset, the learned counsel for the respondent-State fairly submits, by referring to paragraph no.18 of the counter affidavit filed in the present case that inquiry was made during the pendency of the present writ petition and the work done has been found to be in good condition, hence the respondents are not proposing to take any coercive action against the petitioner as also the proceedings, if any against him, have been dropped, hence the present writ petition has been rendered infructuous.
3. The learned counsel for the petitioner submits that if it be so, the writ petition be disposed off.
4. Accordingly, the present writ petition stands disposed off.
(Mohit Kumar Shah, J) sonal/- U