In a consolidated hearing of multiple writ petitions challenging the management of funds for Common Service Centres, the High Court denied the prayer for an inquiry in writ jurisdiction, permitting withdrawal of applications to ventilate grievances elsewhere.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.850 of 2014
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Civil Writ Jurisdiction Case No.12724 of 2014
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Patna High Court CWJC No.850 of 2014 (6) dt.16-08-2016
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Civil Writ Jurisdiction Case No.17110 of 2014
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Bardiha Turki, P.S. Patepur, District - Vaishali at Hajipur
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Patna High Court CWJC No.850 of 2014 (6) dt.16-08-2016
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with
Civil Writ Jurisdiction Case No.21876 of 2014
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with
Civil Writ Jurisdiction Case No.6445 of 2015
====================================================== 1. Sujit Kumar Singh Son of Sri Upendra Singh, Resident of VillageChakeyaj, P.S. Desari, District- Vaishali at Hajipur.
.... .... Petitioner/s
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Patna High Court CWJC No.850 of 2014 (6) dt.16-08-2016
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.... .... Respondent/s
====================================================== with Civil Writ Jurisdiction Case No.19760 of 2015
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====================================================== Appearance : (In CWJC No.850 of 2014) For the Petitioner/s : Mr. Vijay Kumar Singh For the Respondent/s : Mrs. Kanak Verma, C.G.C. For the State : Mr. Chittranjan Kumar Sinha, Sr. Adv, PAAG-2 Ms. Ratan Kumari, A.C. to AAG-2 (In CWJC No.12724 of 2014) For the Petitioner/s : Mr. Dr. Om Prakash Om For the Respondent/s : Mr. Md.Raisul Haque, SC-4 (In CWJC No.17110 of 2014) For the Petitioner/s : Mr. Dr. Om Prakash Om For the State : Mr. Praveen Kr. Singh, A.C. to S.C. 8 (In CWJC No.21876 of 2014) For the Petitioner/s : Mr. Dr. Om Prakash Om For the Respondent/s : Mr. Ajay Kr. Rastogi, AC to AAG-10 (In CWJC No.6445 of 2015) For the Petitioner/s : Mr. Dr. Om Prakash Om For the Respondent/s : Mr. Indeshwari Prasad (In CWJC No.19760 of 2015)
Patna High Court CWJC No.850 of 2014 (6) dt.16-08-2016
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For the Petitioner/s : Mr. Dr. Om Prakash Om For the State : Mr. Prashant Kumar, A.C. to AAG-9 For the Beltron : Mr. Girijesh Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
6 16-08-2016
Heard the respective counsel representing the petitioners of the present batch of the writ petition(s), Mr. Girijesh Kumar for the BELTRON and Mr. Kumar Priyaranjan for the respondent-Bank.
In all these writ petitions, a prayer is made to direct the concerned respondents to hold an inquiry into the management of the funds released by the Central Government as well as the State Government for establishment and running of Common Service Centre i.e. Vasudha Kendra.
Looking to the diverse pleadings and the counter pleadings, in my view, the relief prayed in the application(s) cannot be granted to the petitioners in writ jurisdiction of the Court.
It has been brought to my notice by the respondents that identical writ petition being C.W.J.C. No 1132 of 2014, was disposed of by the Court on 25.07.2016 by the following order:
“ Both sides present. A counter affidavit is filed on behalf of the BELTRON in which objection is being raised to the maintainability of the application.
Counsel for the petitioner, after making
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submissions at some length, seeks permission of the Court to withdraw the application enabling the petitioners to ventilate their grievances before the appropriate authority/forum in accordance with law. The writ application is permitted to be withdrawn.”
their
I am satisfied, the present batch of the writ petition(s) also merit to be disposed of permitting the petitioners to ventilate their grievance before appropriate Forum/Authority in accordance with law.
The writ petitions are disposed of.
(Kishore Kumar Mandal, J)
rohit/-
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3 issues framed by the court
Whether the court can direct respondents to hold an inquiry into the management of funds released for Common Service Centres.
Whether the writ petitions maintaining prayer for inquiry are maintainable in writ jurisdiction.
Whether petitioners are permitted to withdraw applications to air grievances before appropriate authority.
Shailendra Kumar Pandey and Others
The Union of India and Others
Niranjan Kumar Rajak and Others
State of Bihar and Others
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
