Dismissed

Abhay Narayan Pandey v. Project Administrator

Chhattisgarh HC1 Aug 2023WPPIL/6/2023

Case brief

AI extract

What is this about?

Hearing a writ petition seeking independent investigation into irregularities in a government scheme, the Chhattisgarh High Court dismissed the petition noting the petitioner had already filed a complaint under Section 154(3) CrPC which remained inoperative. The Court held it was not inclined to entertain the matter at this stage.

What did the court decide?

The writ petition is dismissed with liberty to repeat if the complaint under Section 154(3) CrPC is not acted upon.

Abhay Narayan Pandey Vs Project Administrator — Writ and Judicial Review | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPPIL No.6 of 2023

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Abhay Narayan Pandey S/o Late Shri Aditya Narayan Pandey, Aged About 62 Years, Occupation Agriculture and Social Worker, R/o Ward No.20, In front of Sanjay Park, P.S. Kotwali, Tahsil Ambikapur, District Sarguja, Chhattisgarh 497001

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---- Petitioner

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Versus

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Project Administrator, Integrated Tribal Project, Ambikapur, P.S. and Tehsil - Ambikapur, District Sarguja, Chhattisgarh

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In-Charge Chief Executive Officer, Janpad Panchayat, Ambikapur, P.S. and Tehsil - Ambikapur, District Sarguja, Chhattisgarh

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In-Charge Chief Executive Officer, Janpad Panchayat, Lundra, P.S. And Tehsil - Ambikapur, District Sarguja Chhattisgarh.

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Deputy Director, Agriculture, P.S. and Tehsil - Ambikapur, District Sarguja Chhattisgarh.

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In-Charge Chief Executive Officer, Janpad Panchayat, Mainpat, District Sarguja Chhattisgarh.

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In-Charge Chief Executive Officer, Janpad Panchayat, Batoli P.S. And Tehsil - Batoli, District Sarguja Chhattisgarh.

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In-Charge Chie Executive Officer, Janpad Panchayat, Sitapur P.S. And Tehsil - Sitapur District Sarguja Chhattisgarh.

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Gramin Sakshrta Seva Sansthan Through Its President Thobiroram Barik S/o Rameshwar Barik, Aged About 42 Years, State Coordinator, R/o Akashvvanbi Chouk Behind Employment Office Choperapara Ambikapur, P.S. and Tehsil Ambikapur, District Sarguja Chhattisgarh.

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Gayan Sagar Sewa Sansthan Through Its President Bhagirthi Barik S/o Rameshwar Barik Aged About 40 Years, President, Resident Of Akashvani Chouk, Behind Employment Office Choperapara, Ambikapur, P.S. and

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Tehsil Ambikapur, District Sarguja Chhattisgarh

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Green Park Social And Educational Society Through Its President Lakshman Kumar Yadav S/o Shrijain Kumar Yadav, Aged About 40 Years, President R/o Village Puranga, Budhadara, P.S. And Tehsil Bagicha, District Jashpur Chhattisgarh.

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The Then District Collector, Sarguja Presently Posted As Collector Korba P.S. And Tehsil - Korba, District Korba Chhattisgarh.

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Police Officer, Ambikapur, District Sarguja Chhattisgarh.

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Commissioner/secretary, Tribal and Scheduled Caste Development, Block 4-D, Ground Floor, Indravati Bahwan, Nava Raipur, Atal Nagar, Chhattisgarh.

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Chief Executive Offcer, District Panchayat, Ambikapur, District Sarguja Chhattisgarh.

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Chief Secretary, Chhattisgarh Government, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh.

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---- Respondents

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For Petitioner Mr. Apoorva Tripathi and Mr. Shayon Kar, Advocates For Respondent-State Mr. Chandresh Shrivastava, Addl. AG

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Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Smt. Justice Rajani Dubey

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Order on Board

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Per Ramesh Sinha, Chief Justice

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01.08.2023

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Heard Mr. Apoorva Tripathi and Mr. Shayon Kar, counsel appearing for the petitioner and Mr. Chandresh Shrivastava, Addl. AG for the respondent/ State.

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By way of present writ petition, the petitioner has prayed for

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the following relief(s):

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“10.1) That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner.

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10.2) That, this Hon’ble Court may kindly be pleased to direct any independent Investigating Agency possibly the Central Bureau of Investigation or the Serious Fraud Investigation Office to conduct a fair and unbiased investigation into the matter and enquire in the matter strictly.

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and/or;

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10.3) That, this Hon’ble Court may kindly be pleased to order a judicial enquiry into the matter, over the complaints raised by the petitioner.

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and/or;

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10.4 That, this Hon’ble Court may kindly be pleased to direct any Independent Investigating Agency as deemed fit by the Hon’ble Court to conduct a fair and unbiased investigation into the matter and enquire in the matter strictly and present the report before this Hon’ble Court.

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and/or;

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10.5 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit.

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10.6 Cost of the petition may also be given”

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Learned counsel for the petitioner submits that the petitioner has made various complaints with respect to the irregularities involved in the Narva Garwa Ghurwa Bari Yojana floated by the Chief Minister before the various

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authorities, such as the President of India, the Chief Minister of the State itself, Collector, Commissioner, Chief Secretary of the Scheduled Castes and Scheduled Tribes Development Department, Raipur and various other authorities as well, but all went in vain. He further submits that an application under Section 154 (3) of CrPC has also been filed before the Superintendent of Police, Ambikapur, District Sarguja, but no action has been taken on that application till date. Therefore, a fair and unbiased investigation into the matter may kindly be directed to be done by any independent investigating agency.

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Learned State counsel submits that the petitioner has not come the Court with clean hands, as two criminal cases bearing Crime No.308/2002 for the offence punishable under Sections 141 & 341 of IPC and Crime No.42/2005 for the offence punishable under Sections 186, 212, 294, 386 & 507 of IPC are already registered against the petitioner. Therefore, the present petition may kindly be dismissed, as the petitioner himself is involved in other offences.

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Considering the facts and circumstances of the case, particularly the fact that the petitioner has already made a complaint under Section 154 (3) of CrPC before the concerned Superintendent of Police agitating his grievance,

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we are not inclined to entertain the present petition at this stage.

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Accordingly, the writ petition is dismissed. However, it is open for the petitioner to approach before the Competent Authority/Court for redressal of his grievance, if his application under Section 154 (3) of CrPC is not acted upon

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by the Police Authorities.

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Sd/Sd/- (Rajani Dubey) (Ramesh Sinha) Judge Chief Justice

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Nirala

Abhay Narayan Pandey v. Project Administrator

Case brief

What is this about?

What did the court decide?

Abhay Narayan Pandey v. Project Administrator

Case brief

What is this about?

What did the court decide?

What the court decided

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