IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3196 of 2009 1. MADHAV SINGH S/O LATE MAHANTH SINGH VILL.- RAJ SINGHASNI, P.S.- RAMGARDHWA, DISTT.- EAST CHAMPARAN ....PETITIONER Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY BIHAR, PATNA 2. ANIL KUMAR SINHA THE ADDITIONAL DIRECTOR GENERAL NIGRANI ANWESHAN BEURO, 6TH SARKULAR ROAD, PATNA 3. NARMEDESHWAR LAL, COLLECTOR EAST CHAMPARAN 4. NAVIN KUMAR SINGH, BLOCK DEVELOPMENT OFFICER RAMGARDHWA, DISTT.- EAST CHAMPARAN 5. NAVIN KUMAR SINGH, IN-CHARGE CIRCLE OFFICER RAMGARDHWA, DISTT.- EAST CHAMPARAN 6. SHAMBHU BAITHA, MUKHIYA RAJ SINGHASNI PANCHAYAT, RAMGARDHWA, DISTT.- EAST CHAMPARAN 7. ASHOK KUMAR SINGH, PANCHAYAT SECRETARY RAJ SINGHASANI PANCHAYAT, RAMGARDHWA, EAST CHAMPARAN 8. SANDEEP PONDREEK, SUPERVISION - CUM - SPECIAL OFFICER - CUM - DISTRICT MAGISTRATE EAST CHAMPARAN ...OPP. PARTIES ----------- 5 25-10-2010 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the State has placed reliance upon order of District Magistrate, East Champaran, Motihari dated 21-8-2010 contained in annexure-F to the show cause of O.P. no.3. That order appears to be in substantial compliance of order of the Division Bench. The District Magistrate has disposed of the representation by calling for enquiry report from Anchal Adhikari, Ramgardhwa and in light of that report he has directed the Block Development Officer, Ramgardhwa to issue notice to then Mukhiya, Panchayat Secretary as well as members of the concerned 2 committee with a view to make recovery for the illegally or irregularly distributed cash and food articles by way of relief to the flood affected persons. According to learned counsel for the petitioner further action in the matter should have been taken by the District Magistrate against the concerned Mukhiya. The writ petition was filed in public interest and the District Magistrate was directed to take appropriate action in accordance with law. In exercise of contempt jurisdiction it would not be proper to decide whether further action should be taken against the then Mukhiya or not. That would also amount to changing nature of the concerned writ petition from public interest litigation to private interest litigation. In that view of the matter, this contempt application is finally disposed of with liberty to the petitioner that, if so advised, he may pursue his grievance against concerned Mukhiya in accordance with law. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)