IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4009 of 2008 Brajesh Kumar Rai @ Jha jee S/o Gorakh Rai R/o Vill.-Chailwan P.S.-Gopalpur, Dist.-Gopalganj Versus 1. The State Of Bihar 2. The Commissioner, Saran Commissionary, Saran at Chapra. 3. The Assistant Secretary, Bihar State Election Commission, Sone-Bhawan III, Flore Veerchand Patel Path, Patna-1. 4. The District Magistrate, Gopalganj. 5. The Superintendent of Police, Gopalganj. 6. The Block Development officer, Kuchaikot, Dist.- Gopalganj. 7. Raja Prasad Kharwar @ Rajan @ Munna Kamkar, S/o Late Chandrashekhar Kamkar, R/o Vill.-Dumariya Math P.S.Tarayan Sujan, District-Kushinagar (U.P.) Presently in the village-Chailwan, P.S.-Gopalpur, Dist.- Gopalganj, The Mukhiya, Gram Panchyat, Sagwadih, P.S.Gopalpur, Dist.-Gopalganj. ----------- 2. 28.06.2011 Learned counsel for the petitioner, learned counsel for the respondent State and learned counsel for the State Election Commission are present. It is pointed out by learned counsels that the writ petition has been filed for a direction to the respondents to take appropriate action against respondent no. 7 for various acts of irregularities committed by him. From the materials on record itself it appears that the Block Development Officer, Kuchaikot, Gopalganj had conducted an enquiry and has held that no wrong was committed by the said Private respondent. However, the petitioner prays that the authorities shall take action against the said 2 respondent. In view of the disputed position of facts that is the official enquiry report which does not find respondent no. 7 to be at fault whereas the plea of the petitioner that wrong has been committed by him, the present writ proceeding is not the proper forum for adjudication of the same. This Court would not like to express its view either way. Suffice it to say that if the petitioner has any grievances which can be substantiated by way of any evidence, he may file an appropriate proceeding before the appropriate forum including filing of complaint case since writ proceeding for the same cannot be maintainable. In view of the aforesaid position, the writ petition stands disposed off with liberty to the petitioner to move before the appropriate forum, if so advised. Anand Kr. ( Ahsanuddin Amanullah, J.)