Oral order dismissing a writ petition alleging misappropriation of public funds by the Nagar Parishad Chairman, with liberty to pursue alternative remedies.
Liberty granted to avail alternative remedies; writ petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16839 of 2015
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Kanihya Lal Gupta, son of Late Rajendra Prasad Gupta, R/o. Mohalla-Sultan Pokhar, Ward No. 4, Farbesganj, District-Araria
... ... Petitioner/s
Versus
1.The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.Principal Secretary, Urban Development Department, Govt. of Bihar, Patna. 3.District Magistrate, Araria.
4.Sub-Divisional Magistrate, Farbesganj.
5.Executive Officer, Nagar Parishad, Farbesganj, District-Araria (Bihar). 6.Chairman, Nagar Parishad, Farbesganj, District-Araria (Bihar)
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar Singh, Advocate For the Respondent/s : Mr.Vijaya Laxmi Srivastava,AC to SC-23
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 20-03-2023
The present writ petition has been filed seeking the following relief:-
“1. (1) To issue an appropriate writ/order/ directions to District Magistrate, Araria to hold an enquiry into loot of Public fund by Chairman, Nagar Parishad, Farbesganj to the fund of 73 lakhs rupees by giving tender to his own men offering bid only by two persons one higher and another on estimated cost. And all 15 persons cooperated each other in getting one tender and there by incurring loss of public money of 73 lakhs and also for a direction to take appropriate steps if allegation found true as the matter has already been
Patna High Court CWJC No.16839 of 2015(2) dt.20-03-2023 2/2
delayed by over two months despite lodging of complaint in this regard before Executive Office, Nagar Parishad, Farbesganj on 07.09.2015 with a copy to S.D.M, Farbesganj, District Magistrate Araria, Principal Secretary, Urban Development, Govt. of Bihar or for issuance of any other directions or directions as this Hon'ble Court may consider fit and proper under the circumstances of the case.”
Considering the nature of prayer made in the present writ petition, I deem it fit and proper to grant liberty to the petitioner to avail such other alternative remedies, as are otherwise available under the law.
Accordingly, the present writ petition stands dismissed, however, with the aforesaid liberty.
(Mohit Kumar Shah, J)
S.Sb/Sonal-
U
1 issue framed by the court
Whether to grant liberty to the petitioner to avail other alternative remedies before dismissing the writ petition.
Kanihya Lal Gupta
The State Of Bihar
Principal Secretary, Urban Development Department, Govt. of Bihar
District Magistrate, Araria
Sub-Divisional Magistrate, Farbesganj
Executive Officer, Nagar Parishad, Farbesganj
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
