High CourtsDivision Bench

Md. Azam vs State Of Bihar And Ors

Patna High Court · Decided on 4 December 2020 · Citation: (2020) 12 PAT CK 0042

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 8941 Of 2020
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Judgment

21 paragraphs · 374 words

The petitioner has prayed for the following relief(s) :-

“That this application by way of Public Interest Litigation is being filed by the above named petitioner for the following reliefs:-

1) For issuance of writ in the nature of mandamus directing the respondents for making an enquiry regarding embezzlement of Government fund,

Poshahar Amount in respect of March, 2020 and May, 2020 regarding Samekit Bal Vikasli Pariyojana, Bagaha-2, District- West Champaran by the

respondents which has been not been distributed by them among the beneficiaries. ii) For issuance of writ in the nature of mandamus directing the

respondents to punish the guilty persons who are involved embezzlement of Government fund.

iii) For issuance of writ in the nature of mandamus directing the respondents to hold impartial and fair enquiry in the matter bring the culprits to the

book and lodge FIR against them

iv) For any other relief/reliefs as this Hon'ble Court deem fit and proper in the facts Circumstances of case.â€​

Learned counsel for the petitioner submits that even though the petitioner has already made a representation [Annexure P-3 and P-4], petitioner shall

make a fresh representation to the authority concerned for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it

of expeditiously and preferably within a period of four weeks from the date of its filing along with a copy of this order.

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.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, also stands disposed of.