High CourtsDivision Bench

Firoz Alam vs State Of Bihar And Ors

Patna High Court · Decided on 11 December 2020 · Citation: (2020) 12 PAT CK 0357

HON’BLE JUDGES
Sanjay Karol, CJ · Partha Sarthy, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 20997 Of 2019
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Judgment

39 paragraphs · 645 words

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

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.â€​

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 (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 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.

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.