IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.788 of 2022

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R.N. Singh and Co. Chartered Accountants, 208, Hem Plaza, Fraser Road,

Patna-800001, through Chanakya Shree, partner of the aforesaid firm, son of

Trishul Dhari Prasad Sinha, aged about 46 years, Resident of Banshi

Apartment, R K Bhattacharya Road, P.S.-Gandhi Maidan, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayat Raj

Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Gopalganj.

3.

The Additional Collector, Gopalganj.

4.

The Deputy Development Commissioner, Gopalganj.

5.

The District Panchayat Raj Officer, Gopalganj.

6.

The Senior Treasury Officer, Gopalganj.

7.

The Senior Account Officer, District-Rural Development Tribunal,

Gopalganj, District-Gopalganj.

8.

Jitendra Agarwal and Associates, Charted Accountants.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Raju Prasad, Adv

For the Respondent/s

:

Mr.Smt. Archana Meenakshee (GP6)

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 24-02-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

“That this is an application for issuance of an appropriate writ

/writs/direction /directions /order/orders commanding the

respondents to make fresh selection of the Chartered

accountant firme and to make selection to firm of petitioner

R.N. Singh and Company Charted Accounted 208, Hem

Plaza, Fraser Road, Patns for the Audit of three Tier

Panchayati Raj institutions for the year 2019-20, 2020-21 and

2021-22 Ref. No. RFP issued in this regards in accordance

with guideline issued by the Principal Secretary, Panchayati

Patna High Court CWJC No.788 of 2022 dt.24-02-2022

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Raj Department, State of Bihar, by the way of letter no. 3031

dated 26.05.2020.

Further prayer is also made cancel the

selection of present Auditor Jitendra Agarwal and Associates,

C.A. Gopalganj (Respondent NO. 8 and prayer is made to

make fresh selection on the ground of irregularity and

contavention of guideline contained in letter no. 3031 dated

26.05.2020 (Annexure-1).”

After the matter was heard for some time, finding the

Bench not to be agreeable with the submissions made by learned

counsel for the petitioner, learned counsel for the petitioner,

under instructions, states that petitioner shall be content if a

direction is issued to the authority concerned i.e. respondent

no. 2 namely District Magistrate, Gopalganj to consider and

decide the representation which the petitioner shall be filing

within a period of four weeks from today for redressal of the

grievance(s).

Learned counsel for the respondents states that if such a

representation is filed by the petitioner, the authority concerned

shall consider and dispose it of expeditiously and preferably

within a period of four months from the date of its filing along

with a copy of this order.

Statement accepted and taken on record.

The Hon’ble Supreme Court in D. N. Jeevaraj Vs.

Chief Secretary, Government of Karnataka & Ors, (2016) 2

SCC 653, paragraphs 34 to 38 observed as under:-

Patna High Court CWJC No.788 of 2022 dt.24-02-2022

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“34. The learned counsel for the parties

addressed us on the question of the bona fides of

Nagalaxmi Bai in filing a public interest litigation.

We leave this question open and do not express

any opinion on the correctness or otherwise of the

decision of the High Court in this regard.

35. However, we note that generally

speaking, procedural technicalities ought to take a

back seat in public interest litigation. This Court

held in Rural Litigation and Entitlement Kendra v.