Saraswati Devi And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19748 of 2018 ====================================================== 1.
Saraswati Devi W/o Late Mahesh Thakur, 2.
Vijay Shankar Sharma, Son of Late Mahesh Thakur, 3.
Krishna Nandan Sharma, Son of Late Jagdish Thakur, 4.
Ramshankar Sharma, Son of Late Mahesh Thakur, 5.
Babby Devi @ Baby Kumari, W/o Rajdeep Kumar, 6.
Manju Devi, W/o Kameshwar Sharma, All 1 to 6 resident of Village- Andharwara P.O.- Bidupur, P.S.- Rajapakar, District- Vaishali.
7.
Md. Iqbal, Son of Md. Islam, 8.
Farjana Khatoon, W/o Md. Iqbal, Both resident of Village- Gauspur Izra, P.S.- Hajipur Sadar, DistrictVaishali. 9.
Raghunath Rai, Son of Devaki Rai, R/o Village- Bidupur Dih, P.O.P.S.- Bidupur, District- Vaishali.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, at Patna.
2.
The Principal Secretary, Department of Homes and Affairs Bihar at Patna. 3.
The Union of India through the Registrar of Companies Ministry of Corporate Affairs at Mauraya Complex, Patna.
4.
The Director Central Bureau of Investigation New Delhi. 5.
The Securities and Exchange Board of India, New Delhi. 6.
The Reserve Bank of India through its General Manager, South Gandhi Maidan, Patna- 800001.
7.
The Inspector General Economic Offence Unit, Bihar at Patna. 8.
The District Magistrate, Vaishali at Hajipur. 9.
The M/s Alchemist Township India Ltd. through its Director-cum-Principal Officer SCO 232, 233, 3rd Floor, Sector 34A, Chandigarh U .T. State Punjab at present M/s Alchemist Ltd. Corporate H.R.Plot No. F5, Rajeev Gandhi IT Park Chandigarh, PIN-160101.
10.
The General Manager Alchemist Township India Limited, At 411-12 Annual Tower 38 Nehru Palace New Delhi 110018. At present Flat No. 1511 front portion Hemkunt Chambers 89 Nehru Palace New Delhi, South Delhi, DL
2/4 110019.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Soni For the Respondent/s :
Mr.P.K. Verma- Aag3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 01.10.2018 is listed for hearing for the first time today before the Court.
Heard learned counsel for the petitioners and learned counsel for the respondents.
Petitioners have prayed for the following relief: "(i) For direction to the Director, CBI, S.E.B.I Regional Manager, R.B.I., Patna and all concern respondents to enquire into the matter of Alchemist Township India Ltd. and an F.I.R. against the Alchemist Township India Ltd. and its officials who are involved in cheating a mass of people in the State of Bihar in collecting their entire savings on the assurance of heavy return by way of interest. (ii) For also direction to the respondent State of Bihar and its officials to take stern action against the Alchemist Township India Ltd. who has been running its business in the entire districts of the State of Bihar and collected the savings of the mass of the people of State of Bihar on assurance of return with huge interest.
(iii) For further directions to all the respondents to
3/4 take necessary steps against the Alchemist Township India Ltd. so that the alleged company may refunds the collected/cheated money from the investors of Bihar as such the Alchemist Township India Ltd. is already intending the money of the investors in the State of West Bengal as per the orders/directions passed inn W.P.No. 1389(w)/2017 (Ajay Kumar Das and Ors. Vs the Union of India and Ors."
After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioners shall be making afresh within a period of four weeks from today.
Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.
We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in
4/4 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U