Vivek Kumar vs The State Of Bihar on 10 March, 2026

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    Patna High Court

    Vivek Kumar vs The State Of Bihar on 10 March, 2026

    Author: Alok Kumar Sinha

    Bench: Alok Kumar Sinha

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Civil Writ Jurisdiction Case No.2684 of 2026
         ======================================================
         Vivek Kumar S/O Shree Lal Babu Singh, R/o Village- Chak Singar Barari
         P.S.- Jurawanpur, Block- Raghopur, District- Vaishali.
    
                                                                 ... ... Petitioner/s
                                          Versus
    1.   The State of Bihar through the Secretary, Rural Development Department,
         Patna.
    2.   The Commissioner, MGNREGA, Government of Bihar, Patna.
    3.   The District Collector, Vaishali at Hajipur.
    4.   The Deputy Development Commissioner, Vaishali at Hajipur.
    5.   The District Program Officer, (MGNREGA), Vaishali at Hajipur.
    6.   The Sub-Divisional Officer, Hajipur, Vaishali.
    7.   The Block Development Officer, Block- Raghopur, Vaishali.
    8.   The Block Program Officer, (MGNREGA), Block- Raghopur, Vaishali.
    9.   The Technical Assistant, (MGNREGA), Block- Raghopur, Vaishali.
    10. The Junior Engineer, Department (MGNREGA) Block- Raghopur, Vaishali.
    11. The Mukhiya, Gram Panchayat Raj Chak Singar, Block- Raghopur, Vaishali.
    12. The Panchayat Sachiv, Gram Panchayat Raj Chak Singar, Block- Raghopur,
        Vaishali.
    13. The Panchayat Rojgar Sevak, Gram Panchayat Raj Chak Singar, Block-
        Raghopur, Vaishali.
    
                                                   ... ... Respondent/s
         ======================================================
         Appearance :
         For the Petitioner/s   :       Mr. Manish Chandra Gandhi, Adv
         For the State          :       Mr. P.K. Verma, Addl. Advocate General (03)
                                        Mr. Sanjay Kumar Ghosarvey, AC to AAG 3
         For Res. No. 11        :       Mr. Ranjeet Choubey, Adv
                                        Mr. Jainandra Kumar, Adv
         ======================================================
         CORAM: HONOURABLE THE CHIEF JUSTICE
                 and
                 HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
         ORAL JUDGMENT

    (Per: HONOURABLE THE CHIEF JUSTICE)

    Date : 10-03-2026
    The petitioner, Vivek Kumar has filed this writ petition

    SPONSORED

    in the nature of Public Interest Litigation, seeking for following

    reliefs:

    Patna High Court CWJC No.2684 of 2026 dt.10-03-2026
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    (i) For issuance of a writ in the
    nature of mandamus commanding the
    Respondents forthwith to court-monitored
    independent enquiry into large-scale
    irregularities, defalcation, embezzlement and
    misappropriation of public funds under the
    Mahatma Gandhi National Rural Employment
    Guarantee Act, 2005
    (MGNREGA) in the
    Gram Panchayat Raj Chak Singar, Block-

    Raghopur, District- Vaishali, committed by the
    sitting Mukhiya in connivance with the public
    officials, thereby defeating the very object of
    the welfare legislation.

    (ii) For issuance of any other
    appropriate writ/order/direction to the concern
    respondent for recovery of misappropriated
    public money from the Mukhiya and erring
    officials.

    (iii) For issuance of any other
    appropriate writ/order/direction for lodging of
    F.I.Rs. under provision of Bhartiya Nyaya
    Sanhita, 2023 and Prevention of Corruption
    Act, 1988
    against all responsible persons.

    (iv) For issuance of any other
    appropriate writ/order/direction for a special
    social audit of all MGNREGA works of the last
    five years of Panchayat Raj- Chaksingar,
    Raghopur Block, District- Vaishali.

    Patna High Court CWJC No.2684 of 2026 dt.10-03-2026
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    (v) For issuance of any other
    appropriate writ/order/direction to the concern
    respondent to stay further release of funds
    under MGNREGA of Panchayat Raj-

    Chaksingar, Raghopur- Block, District-
    Vaishali and preservation of all records, job
    cards, muster rolls and bank details.

    (vi) For issuance of any other
    appropriate writ/order/direction for which
    petitioner shall entitled under the facts and
    circumstances of the case.

    2. The learned counsel for the petitioner has drawn the

    attention of this Court to various paragraphs of the writ petition to

    demonstrate how the MGNREGA job cards have allegedly been

    generated in the names of deceased persons and amounts have

    been illegally credited to and withdrawn from their respective

    bank accounts, thereby prima facie, indicating fabrication of

    records and misappropriation of public funds. The learned counsel

    further submits that several representations were submitted before

    the concerned authority, however, no action has been taken thereon

    till date.

    3. The learned counsel appearing for the State, on the

    other hand, pointed out that the petitioner is in the habit of filing

    such representation and the latest representation has been brought
    Patna High Court CWJC No.2684 of 2026 dt.10-03-2026
    4/5

    on record under Annexure-P/17 which is addressed to the

    MGNREGA Commissioner, Rural Development Department,

    Government of Bihar, dated 25.12.2025.

    4. However, the learned counsel for the petitioner

    submits that subsequent to the submission of the aforesaid

    application before the Commissioner, MGNREGA Bihar, Patna, an

    enquiry report dated 04.01.2026 was received by him, wherein

    the complaint was closed by holding that the complainant has

    described various irregularities under MGNREGA only in general

    terms without specifying any particular scheme or beneficiary, and

    therefore, no action could be taken on the said complaint.

    5. The Court has perused the representation filed by the

    petitioner and finds that the detailed manner in which the

    averments have been taken giving the instances, has not been

    highlighted in the representation. In view of the aforesaid

    circumstances, the present writ petition is disposed of giving

    liberty to the petitioner to file a detailed representation before the

    concerned authority, clearly highlighting the specific instances and

    documentary proof in support of the same which would be

    considered by the authority in accordance with law. Upon receipt

    of such representation, the authorities are at liberty to give

    personal hearing to the petitioner, if the same is necessary. Learned
    Patna High Court CWJC No.2684 of 2026 dt.10-03-2026
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    counsel for the petitioner submits that the representation shall be

    filed within a period of two weeks from today with a copy of the

    order passed today. If any such representation with the copy of the

    order is received by the Authority, the same shall be disposed of

    preferably within a period of three months from the date of receipt

    of such representation.

    6. Accordingly, the present writ petition is disposed of.

    Pending Interlocutory Application(s), if any, shall also stand

    disposed of.

    (Sangam Kumar Sahoo, CJ)

    ( Alok Kumar Sinha, J)
    kiran/-

    AFR/NAFR                NAFR
    CAV DATE                 N/A
    Uploading Date           11.03.2026
    Transmission Date        N/A
     



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