IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8447 of 2010 Gulten Yadav S/O Sri Kartik Yadav R/O Vill.- Chiraiyadih, P.S.- Belhar, Distt.- Banka Versus 1. The State Of Bihar 2. Collector, Banka 3. Deputy Development Commissioner, Banka 4. Block Development Officer Belhar Block, Distt.- Banka 5. Junior Engineer, Belhar Block, Distt.- Banka 6. Block Labour Officer Belhar Block, Distt.- Banka 7. Prahlad Sah S/O Father Name Not Known To The Petitioner Mukhiya, Lorihya Panchayat, Under Belhar Block, Distt.- Banka 8. Dinesh Mandal S/O Father Name Not Known To The Petitioner Panchayat-Secretary, Lorihya Panchayat Under Belhar Block, Distt.- Banka 9. Sadanand Yadav S/O Father Name Not Known To The Petitioner The Then Mukhiya, Lorihya Panchayat, Under Belhar Block, Distt.- Banka 10. Gurieshwar Yadav S/O Father Name Not Known To The Petitioner The Then Panchayat Secretary, Lorihya Panchayat, Under Belhar Block, Distt.- Banka ----------------------------------
02. 18.11.2011 Mr. Rajiv Kumar Singh, learned counsel appearing on
behalf of the petitioner and Mr. Krishna Kant Singh, Assisting
counsel to G.P. 4 for the State.
The petitioner is aggrieved by the irregularities
committed by the Ex- Mukhiya of the Lorihya Panchayat under the
district of Banka and the then Panchayat Secretary in the matter of
construction of a well.
Learned counsel, with reference to an enquiry conducted
by the Labour Enforcement Officer, Belhar placed at Annexure-3 as
also the letter of the Junior Engineer, Belhar placed at Annexure-5,
submits that a bare perusal thereof manifests that some irregularity
has been committed in the matter of construction of well which is
yet incomplete although substantial public money has been spent for
construction thereof. He thus submits that even while the local
authorities had attempted to construct a well, the object has not yet
been achieved and the money has been wasted. It is contended that
his representation to the District Magistrate, Banka placed at
Annexure-4 filed in this regard, has remained pending forcing the
petitioner to maintain the writ petition.
Considering the grievance raised by the petitioner and
the fact that the petitioner raises issue of wastage of public money
spent on construction of the well which according to the petitioner
yet remains incomplete, the writ petition is disposed of with liberty
to the petitioner to raise his grievance by filing a fresh detailed
representation before the respondent-Collector, Banka and who shall
consider and dispose of the same in accordance with law
expeditiously and preferably within a period of three months from
the date of receipt/production of a copy of this order.
S.Sb/- (Jyoti Saran, J.)