High Court Patna High Court - Orders

Kedar Singh &Amp; Anr vs The State Of Bihar &Amp; Ors on 11 March, 2011

Patna High Court – Orders
Kedar Singh &Amp; Anr vs The State Of Bihar &Amp; Ors on 11 March, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CWJC No.4072 of 2004
                 1. KEDAR SINGH son of Late Bindeshwari Pd. Singh, R/O
                    village Basantpur Jhitkahi, P.S. Sakra, District Muzaffarpur
                 2. Chabila Sah son of Sri Ram Biulas Sah R/O village
                    Reghunathpur Donma,P.S. Sakra, District Muzaffarpur
                                                              ....Petitioiners.
                                        Versus
            1.   THE STATE OF BIHAR
            2.   Commissioner, Tirhut Division at Muzaffarpur,
            3.   District magistrate, Muzaffarpur.
            4.   District Planning Officer, Muzaffarpur
            5.   Circle Officer, Sakra, District Muzaffarpur.
            6.   Ravindra Paswan S/o Sukhai Paswan, village Bhathandi, P.S.
                 Sakra District Muzaffarpur                    . ....Respondents.
                                              -----------

2 11.03.2011 Heard the parties.

2. Petitioners have filed the present writ petition under

Article 226 of the Constitution of India for the reliefs

delineated in paragraph 1 of the writ petition which are quoted

herein below:

“That this writ application is being filed for
issuance of a writ in the nature of writ of
mandamus or any other appropriate, writ,
order or direction commanding the
respondents no.2 to 4 to take appropriate
action against respondent no.6 on the basis of
Enquiry report submitted by Respondent no.5
with regard to illegality and irregularities
committed in distribution of flood relief
materials among the flood affected people of
Reghunathpur Donma Panchayat.”

3. Learned counsel for the respondents submits that a

first information report has been lodged against respondent

no.6 for the irregularities committed by him. The grievance of
2

the petitioners is that despite lodging the first information

report, no further action is being taken by the authorities

concerned and despite lapses of several years respondent no.6

has not been arrested till date.

This court is of the considered opinion that the petitioners

must approach respondent no.3, the District Magistrate,

Muzaffarpur for redressal of his grievances. If the petitioners

file a representation before the respondent District Magistrate,

within a period of four weeks from today, then he shall be

obliged to consider the grievances and take all possible legal

action in this matter after giving opportunity of hearing to all

concerned.

5. It goes without saying that if the petitioners do not

file such representation within the time prescribed by this

Court, then it shall be construed that the present writ petition

has finally been rejected by this Court.

6. With the aforesaid observation and direction the

present writ petition stands disposed of.

( Birendra Prasad Verma, J.)

Rahman/