Justice Satyavrata Verma dismissed a writ application filed by Anita Devi seeking direction to institute an FIR against a Panchayat Secretary. The court held the application was not maintainable as the petitioner had remedies available under law.
Writ application dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.745 of 2019
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Anita Devi W/o Bhola Paswan Resident of Village- Shahpur Bhore Jairam, Ward No.11, P.S.- Khanpur, Distt- Samastipur at present Mukhiya of Bhore Jai Ram Panchayat Block- Khanpur Distt- Samastipur
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Respondent/s : Mr. P.N. Shahi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
counsel for the State.
The writ application initially was filed seeking a direction upon the District Magistrate, Samastipur for handing over charge of Panchayat Secretary of the Bhorejairam to other Panchayat Secretary forthwith. Thereafter, an I.A. Application has been filed amending the prayer made in the Writ Application seeking a direction upon the Respondent Authorities to institute an FIR against the then Panchayat Secretary of Bhorejairam in terms of the order as contained in Letter No. 2366 dated 1.11.2018 issued by the District Panchayat Raj Officer,
Patna High Court CWJC No.745 of 2019(2) dt.12-05-2023 2/2
Samastipur.
The Court fails to appreciate that how such writ applications are maintainable before this Court. The petitioner has remedy in accordance with law to avail in the event, if what has been pleaded and prayed in the writ application is not acceded to.
The writ application is thus dismissed.
(Satyavrat Verma, J)
GauravSinha/-
U
2 issues framed by the court
Whether the writ application seeking direction to institute an FIR against the Panchayat Secretary is maintainable before this Court.
Whether the petitioner has any remedy if the prayer in the writ application is not acceded to.
Anita Devi
The State Of Bihar
Satyavrata Verma
As recorded by the court registry
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