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2017 DIGILAW 1003 (JHR)

Ramesh Prasad Gupta v. State Of Jharkhand

2017-06-29

D.N.PATEL, RATNAKER BHENGRA

body2017
JUDGMENT D.N. Patel, A.C.J. (Oral) - This writ petition has been preferred for the following prayers: I. For issuance of an appropriate writ/writs, order/orders, or directions commanding upon the respondents to take initiate enquiry by the Anti corruption Bureau or any other independent agency in connection with irregularities in making Toilets running under the Swachchh Bharat Mission Scheme in the area of Panchayat Khura, Block Barwadih within District Latehar II. For issuance of an appropriate writ/writs, order/orders, direction or directions commanding upon the respondents in terms of direction vide office letter dated 03.08.2016 in Annexure 3/1 appropriate for lodging First Information Report against Mukhiya, Jal Shahiya, monitoring authority of the planning B.R.C. Assistant Engineer and Junior Engineer. III. For issuance of an appropriate writ/writs, order/orders, direction or directions commanding upon the appropriate respondents to make arrangement for the personal private protection of the petitioner''s life, be allowed and after hearing the counsels for both the parties and upon return of the Rule or show cause, if any, make the same absolute in favour of the petitioner. 2. Having heard counsel for both sides and looking to the facts and circumstances of the case, it appears that this Public Interest Litigation has been preferred alleging certain irregularities in construction of Toilets under the Swachchh Bharat Mission Scheme in the area of Panchayat Khura, Block Barwadih within District Latehar. Allegations made by this petitioner as per Annexure 1 to the memo of this Public Interest Litigation. 3. It appears that after receiving the representation (Annexure 1), the concerned Secretary has referred the matter to the administrative head of the district i.e. the Deputy Commissioner, Latehar. 4. Looking to further annexures to this Public Interest Litigation, a committee was constituted by the Deputy Commissioner, Latehar and looking to Annexure 4 which has been brought to the notice of Principal Secretary, Drinking Water and Sanitation Department, Government of Jharkhand that there are as many as 753 Toilets have been constructed under Swachchh Bharat Mission Scheme and the work done has been found up to the mark of satisfaction. The committee was constituted as per Annexure 4. 5. It appears that this petitioner is local resident of the Panchyat, has never mentioned in the memo of this Public Interest Litigation that he has done any public work or social activity. The committee was constituted as per Annexure 4. 5. It appears that this petitioner is local resident of the Panchyat, has never mentioned in the memo of this Public Interest Litigation that he has done any public work or social activity. In fact, this is not a Public Interest Litigation at all, it appears to be a Publicity Interest Litigation. 6. Hence, there is no substance in the writ petition and the same is therefore, dismissed with a cost of Rs. 10,000/- (Ten Thousand), which will be deposited by the petitioner before the Advocates Association Welfare and Development Fund, Jharkhand High Court, Ranchi.