Mohammed Niyamat Ali v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24615 of 2018 ====================================================== Mohammed Niyamat Ali S/o Garbullah, R/o Village-Santnagar Hanumanghat, Barari Police Station- Barari, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Welfare Department, Government of Bihar, Patna 3.

The Principal Secretary, Education Department, Government of Bihar, Patna 4.

The Principal Secretary, Vigilance Department, Government of Bihar, Patna 5.

The District Magistrate, Bhagalpur 6.

The District Minority Welfare Officer, Bhagalpur 7.

The Vice- chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur 8.

The Dean, Student Welfare, Tilkamanjhi, Bhagalpur University, Bhagalpur 9.

The Vice-Chancellor, Bhupendra Narayan Mandal University, Madhepura 10.

Dr. Farookh Ali S/o Not Known presently posted as Pro Vice- Chancellor, Bhupendra Narayan Mandal University, Madhepura 11.

Md. Tauqee Ahmad @ Javed Khan, proprietor Manav Vikash Sansthan, Mohalla- Kajwali Chak. Post Office- Bhagalpur City, Police StationKotwali, District- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Yadav For the Respondent/s :

Mr.Lalit Kishore -Ag ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 The petition filed on 18.12.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s:

Patna High Court CWJC No.24615 of 2018(2) dt.07-01-2020 2/3 "(i) For issuance of an appropriate writ/order/ direction to the respondents to get the matter inquired by an independent agency such as Vigilance Department, Government of Bihar or Central Bureau of Investigation (CBI) with respect to irregularity, illegalities unfair against the moral conduct committed by concern person along with others or by the proprietor of the Manav Vikash Sansthan and other person who are usual visitors presence in the minority welfare girls hostel Bhagalpur without permission of the competent authority.

(ii) For issuance of an appropriate writ/order/ direction with a view show that the truth behind such unauthorized visitors to said girls hostel is same like the renowned occurrence to place at shelter home in Muzaffarpur to save the future of the students of accommodated in the Minority Welfare Girls Hostel, Bhagalpur.

(iii) For issuance of an appropriate writ/order/ direction to act upon the public petitioner dated 12.10.2018 to inquired into the truth alleged in public petition and for taking further action against whom allegation is found true after the such inquiry prayed in the public petition.

(iv) For issuance or an appropriate writ order/ direction granting any other relief or reliefs for which the petitioner is found entitled under the law."

Patna High Court CWJC No.24615 of 2018(2) dt.07-01-2020 3/3 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 concerned respondents to consider and decide the representation, which the petitioner 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 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. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) K.C.Jha/- U