High CourtsDivision Bench(2021) 06 PAT CK 0107

Tribhuwan Prasad @ Tribhuwan Prasad Yadav vs State Of Bihar

Patna High Court · Decided on 22 June 2021

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 232 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

35 paragraphs · 566 words

Heard the Parties.

Petitioner has prayed for following relief(s):-

“(i) For issuance of a writ in the nature of mandamus commanding the respondent authorities for urgent inquiry of the fund issued by Government

of India and Government of Bihar to the Gram Panchayat Nakata Diyara Digha, Patna Sadar about the defalcation of funds in several heads (Project)

i.e. erection of road and Gali in the panchayat, distribution of Manarega Job Card, Prirne Minister Awash Yojana issuance of BPL Cards and The

Chief Minister Kanya Vivah Yojana etc. In which there is too much manipulation and defalcation of Government funds issued for development and

upliftment of the livelihoods of Panchayat residents/peoples of Nakata diyara Panchayat.

(ii) For issuance of an appropriate writ/order/ direction including a writ in the nature of mandamus commanding the Respondent authorities to take

appropriate steps and fix the responsibility on the Respondents, for not discharging their legal duties, And direct to conduct departmental proceeding

against the Respondents.

(iii) For the issuance of an appropriate writ/order/direction including a writ in the nature of mandamus for direction to the Respondents to protect the

life of the petitioner from threat from various sources.

(iv) For the grant of such other relief(s) as the petitioner would be found entitled to on the facts and in the circumstances of the case.â€​

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is

issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today

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 three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:-

(a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the

grievance(s);

(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months

from the date of its filing along with a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties;

(d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) 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;

(f) Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits. All issues are left open;

(h) 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, stands disposed of.