IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8780 of 2009 Rajanikant Rai s/o late Pandit Chatarbhuj Rai, village & P.O.- Chaneshwar, P.S. – Waris Nagar, District – Samastipur ……….…Petitioner Versus 1. The State Of Bihar 2. District Magistrate, Samastipur 3. Sri Yugal Kishore Singh, B.D.O., Waris Nagar, Samastipur 4. Sri Amrit Ram, Assistant Engineer, Waris Nagar 5. Nand Kishore Prasad, Executive Engineer DRDA, Samastipur 6. Anirudh Prasad Singh, D.D.C.Samastipur 7. Sri Bal Krishna Jha s/o late Tarakant Jha, Mukhiya, Panchayat Chatneshar, Waris Nagar, Samastipur 8. Vidya Sagar Chowdhary, Panchayat Secretary, Chatneshwar s/o of not known, village – Lagunia – Raghukanth, P.S. – Muffasil, Samastipur 9. Sri Thakkan Ram, Panchayat Sachiv, Village – Banda Dasaut, P.S. – Shivaji Nagar, Samastipur …. Respondents ----------- For the petitioner: Ms. Alka Verma, Advocate For the State: Mr. Dhirendra Kumar (Munna) AC to SC VIII 3 28/8/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has filed this writ petition purportedly in public interest raising grievance against alleged misuse of public fund meant for NAREGA projects in Gram Panchayat – Chatneshwar, P.S. and Anchal – Waris Nagar, District – Samastipur. The petitioner has annexed several letters and reports and on that basis it has been submitted that 2 earlier the District Development Commissioner, Samastipur had found that there was apparent defalcation of public fund by not doing the actual work in respect of Teliya Pokhar and, hence, he ordered for lodging of First Information Report but, subsequently, on petition filed by Mukhiya further technical inspection was ordered to be made and on that pretext no action is being taken against the persons responsible for defalcation/misappropriation/embezzlement of public money. Learned counsel for the State has submitted that the District Magistrate, Samastipur (respondent no.2) is aware of the grievance raised by the petitioner and further action is likely to be taken in the matter on receipt of latest inquiry report/technical report. Considering the nature of grievance raised by the petitioner which involves inquiry into the facts, we dispose of the writ petition by directing the petitioner to file a fresh representation in the matter along with a copy of this order before the District Magistrate, Samastipur, who shall take into consideration all the 3 relevant facts and latest inquiry reports including the grievance raised by the petitioner and then take appropriate remedial measures including lodging of the criminal case, if so required. The action taken should be intimated to the petitioner as well as to this court at an early date preferably within four months. The writ petition is, accordingly, disposed of. Neyaz/ (P.K. Misra, CJ.) (Shiva Kirti Singh, J.)