IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2715 of 2018

Arising Out of PS. Case No.- Year-1111 Thana- District-

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Neelam Devi, Wife of Harendra Prasad, Resident of village- Sugauli Bazar,

P.S.- Sugauli, District- East Champaran.

... ... Petitioner

Versus

1. The State Of Bihar.

2. Principal Secretary , Rural Development Department, Government of Bi-

har, Patna.

3. District Officer, Mothihari, District – East Champaran.

4. District Development Commissioner, Mothihari, District – East Cham-

paran.

5. Block Development Officer, Motihari, Distt- East Champaran.

6. Executive Officer, Nagar Panchayat Sugauli, Motihari, District- East

Champaran.

7. Inspector General of Registration, Government of Bihar, Patna

8. Mr. Uma Shankar Prasad, Son of Late Mathura Sah, President, Krishak

Vikas Samiti, Motihari, Resident of Village- Bishunpurva Ward No. 2, P.S.-

Sugauli, Motihari (East Champaran).

... ... Respondents

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Appearance :

For the Petitioner/s

:

Mr.Hemant Kumar, Advocate

For the Respondent/s

:

Mr.Vikash Kumar, SC-II.

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

2

15-09-2022

Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner in the present case is seeking following

directions:-

“(i) For issuance of a Writ in the nature of mandamus

directing to the respondents authority to initiate independent en-

quiry against the respondents so concerned in respect of misap-

propriation of Public Money belonging to Account No. 3699 in

Champaran Regional Gramin Bank, Motihari and Pass Book

Patna High Court CR. WJC No.2715 of 2018(2) dt.15-09-2022

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No. 2317 in North Bihar Gramin Bank, Motihari on different

dates from Krishak Vikas Swaym Sahayata Nigam, East Cham-

paran and Samudayik Vikas Samiti Sugauli, Motihari, who has

misappropriated the public money in the name of N.G.O. but it

could not be done and the proper fund provided by the State

Government has misappropriated and used personally against

the norms and procedure established by law needs proper en-

quiry in accordance with law.

(ii) further direction may be given to the Respondents

State to fix up a criteria for providing government aid to the par-

ticular non government organization by way of transparency

among the Society and not discriminate the petitioner self help

organisation namely Samudayik Mahila Krishak Vikas Samiti

Sugauli bearing Registration No. 1595 Year 2009-10.

(iii) Any other relief/reliefs as Your Lordships may

deem fit and proper in the facts and circumstances of the case.”

On going through the writ application this Court finds

that the petitioner claims to be a citizen of India and has a griev-

ance against respondent no.8.

The petitioner has moved this Court directly under Ar-

ticle 226 of the Constitution of India to direct the respondent au-

thorities to institute an enquiry against the private respondent.

Patna High Court CR. WJC No.2715 of 2018(2) dt.15-09-2022

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This Court does not find any averment in the writ ap-

plication to satisfy that the petitioner has moved in accordance

with the judgment of the Hon’ble Supreme Court in the case of

Lalita Kumari vs. Government of Uttar Pradesh and ors re-

ported in (2014) 2 SCC 1 and Priyanka Srivastava vs. the

State of U.P. reported in (2015)6 SCC 287. She has titled this

case under the heading “Proper Investigation” but this Court

finds that in this case there is no F.I.R.. If it is so, the question

of issuing any direction of investigation does not arise.

The petitioner may seek her remedy before appropri-

ate forum in accordance with law.

This writ application stands disposed of accordingly.

SUSHMA2/-

(Rajeev Ranjan Prasad, J)

U

T

Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements,