Patna High Court
Kumar SidharthversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as no further adjudicative issue remains, and the petitioner may approach the appropriate investigating agency for any further action.
Summary
Kumar Sidharth filed a public‑interest writ petition alleging massive financial irregularities in the construction of a culvert by the Panchayat President, claiming that payments of over Rs 65 lakhs were made to his relatives without proper administrative approval. The respondents, including various district and state officials, counter‑affidavited that the petitioner had been removed from his elected post, that investigations by the Sub‑Divisional Public Grievance Redressal Officer and a three‑member inquiry committee had already identified the culprits and recommended action under the Bihar Panchayat Raj Act, 2006, and that the matter had been disposed at the administrative level. The petitioner further alleged that the case was a matter of public interest, while the respondents argued that the petition was essentially a political dispute and that no further judicial intervention was warranted. The Court, after reviewing the counter‑affidavit and the administrative proceedings, held that the writ petition did not raise any fresh issue for adjudication and that the petitioner could approach the appropriate investigating agency for any further redress. Consequently, the Court disposed of the writ petition, granting liberty to the petitioner to approach the relevant agency if he wishes to pursue the alleged financial irregularities.
Issues considered
- Whether the writ petition is maintainable as a public‑interest litigation given the political nature of the dispute.
- Whether the High Court can direct further investigation into alleged financial irregularities after administrative inquiries have been completed.
Legislation cited
Subjects
- public interest litigation
- financial irregularities
- Panchayat
- corruption
- writ petition
- administrative law
- investigative authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12541 of 2025
======================================================
Kumar Sidharth, Son of Rajendra Pandey, resident of village Ward No. 8,
Tarharwa, P.S. Sikarpur, District- West Champaran.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.
3. The Under Secretary, Panchayati Raj Department Govt. of Bihar, Patna.
4. The District Magistrate/Collector, West Champaran, Bettiah.
5. The District Panchayati Raj Officer, West Champaran Bettiah.
6. The Additional Collector, West Champaran, Bettiah.
7. The Sub-Divisional Officer, Naratiyaganj.
8. The Public Grievance Redressal Officer, Bettiah.
9. The Sub-Divisional Public Grievance Redressal Officer, Narkatiyaganj West
Champaran.
10. The Block Development Officer Narkatiyaganj, West Champaran.
11. Smt. Saroj Devi, Wife of Santosh Pal, resident of village Bhasurari, P.S.
Sikarpur, District West Champaran.
12. Rajesh Pal S/o Sri Narayan Pal, Resident of Village - Bhasurari, P.O. -
Rajpurmadan, P.S. - Sikarpur, Distt. - West Champaran
13. Munna Pal, S/o Ramchandra Pal, Resident of Village - Sikta (Bakunthwa),
P.O. - Dainmarwa, P.S. Ramnagar, West Champaran.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr.Abhitabh Kumar, Advocate
For the Respondents : Mr. Vikas Kumar, Standing Counsel (11)
======================================================
Patna High Court CWJC No.12541 of 2025 dt.16-01-2026
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 16-01-2026
This writ petition, in the nature of Public Interest
Litigation, has been filed by Kumar Sidharth with following
prayers:-
“1. That the instant writ application is
being filed for directions, the concerned
respondents authorities in Public Interest there
should be investigate with immediate effect,
there are huge irregularities in the 15th and 6th
Finance Bills done by the Panchayat President
Smt. Saroj Devi of Bhasurari Panchayat, a
culvert has been constructed near the Khahar
Pine, of Chintamanpur village, under
Narkatiyaganj Block, District West Champaran.
Whereas technical' administrative approval for
said has not been received, which will become
clear during the investigation, more than Rs. 65
lakhs has already paid in the account of his
brother-in-law Rajesh Pal and brother Munna
Pal, regarding scam of government funds. In the
account of his own relatives, the action of the
respondents is not permissible in the eye of law
and thus vitiated and for other necessary
relief/reliefs.”
2. Counter affidavit has been filed by the Respondent
Nos. 4 to 7 and 10 wherein, in Paragraph Nos. 7 to 16, it is
Patna High Court CWJC No.12541 of 2025 dt.16-01-2026
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stated as follows:-
“7. That it is most humbly submitted that the
writ petitioner has been elected to the post
of the ward member of ward no 08 of
Bhasurari Panchayat of Narkatiaganj
Block, District West Champaran, as well as
after due process, the writ petitioner was
selected for the post of Up-Mukhiya in the
year 2021, thereafter, the no-confidence
motion has been passed against the writ
petitioner dated 15/07/2024, accordingly,
the writ petitioner was removed from the
post of Up-Mukhiya, after due process the
Savitri Devi, i.e., the elected member of the
ward no 02, has selected for the post of Up-
Mukhiya.
8. That it is further submitted that the writ
petitioner filed a petition before the Sub-
Divisional Public Grievance Redressal
Officer, Narkatiaganj, bearing case no
501110118092406000, regarding the
financial irregularities. Thereafter, the
SDPGRO, Narkatiaganj, has issued a
notice to the respondent no. 10, i.e., the
Block Development Officer, Narkatiaganj
vide 50111-1919 dated 18/09/2024.
Accordingly, the respondent no. 10 inquired
about the matter through Panchayat Sachiw
and submitted the report vide 888 dated
18/10/2024. After perusal of the report, the
SDPGRO, Narkatiaganj, has found that
Munna Pal, Rajesh Pal, and others, i.e., the
relatives of the writ petitioner, had got work
done under various schemes in the Gram
Panchayat, due to which the payments of
the labourers were made in their accounts.
Hence, the SDPGRO, Narkatiaganj, has
disposed the case and passed the order
Patna High Court CWJC No.12541 of 2025 dt.16-01-2026
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dated 25/10/2024 in detail.
9. That in the meantime, the writ petitioner has
submitted an application before several
authorities; accordingly, after the
instruction of the competent authority, the
respondent no. 05, i.e., the District
Panchayat Raj Officer, West Champaran,
has constituted a three men inquiry
committee vide Memo no. 1856 dated
09/10/2024. Further, the committee has
inquired into the matter thoroughly in the
presence of the writ petitioner and found
that the private respondent, as well as
Panchayat Sachiw, disregarded the
departmental order and making the
payments of the labours in the accounts of
the Munna Pal, Rajesh Pal and others the
relatives of the writ petitioner, Respondent
no. 11 accordingly, the committee has
submitted its report with a recommendation
to take further action in accordance with
the provisions of the Bihar Panchayat Raj
Act 2006, vide letter no. 1077 dated
30/12/2024.
10. That being aggrieved and dissatisfied with
the order dated 15/10/2024 passed by the
SDPGRO, Narkatiaganj, the writ petitioner
has filed an appeal dated 12/11/2024,
before the respondent no. 6, i.e., the
Additional Collector, Public Grievance
Redressal West Champaran cum first
Appellate Authority bearing Appeal no.
501110118092406000/1A. Thereafter, the
respondent no 06 has issued notice to the
Deputy Development Officer, West
Champaran vide letter no. 976 dated
17/12/2024, Accordingly, after due process,
the DDC, West Champaran, has submitted
his report vide letter no. 18 dated
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10/01/2025. After perusal of the report, the
respondent no. 06 has found that already a
three men inquiry committee has
investigated the matter in the presence of
the writ petitioner and submitted his report
with recommended further action, and the
accompanying documents clearly
demonstrate that the culprits have been
identified in accordance with the rule and
regulations, and the authorities have
recommended action against the culprits to
the competent authority. Hence, the
respondent no 6 has disposed of the first
appeal and passed the order in detail vide
issue no 40111-24545 dated 24/01/2025.
11. That it is further submitted that on the basis
of the inquiry report, the respondent no. 05
has issued a show-cause notice to Dinesh
Kumar Pandey, i.e., Panchayat Sachiw, and
the Mukhiya Saroj Devi, i.e., the private
respondent vide Memo. no. 693 dated
06/03/2025 and Memo no. 411 dated
02/07/2025. The private respondent has
submitted his show-cause reply dated
02/06/2025. Dinesh Kumar Pandey, i.e.,
Panchayat Sachiw, has submitted his show-
cause reply dated 03/07/2025, stating
therein that due to unavailability. the
labourers's bank accounts their payment
has been done in METH's account and
labourers have never complained regarding
the same as well as Dinesh Kumar Pandey
i.e., Panchayat Sachiw has retired on
31/08/2024.
12. That being aggrieved and dissatisfied with
order issued no 40111-24545 dated
24/01/2025, passed by the Additional
Collector, Public Grievance Redressal West
Champaran cum first Appellate Authority,
Patna High Court CWJC No.12541 of 2025 dt.16-01-2026
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the writ petitioner has filed 2nd appeal
dated 03/03/2025, before the respondent no.
4, i.e., the District Magistrate West
Champaran cum Second Appellate
Authority, bearing Appeal no.
501110118092406000/2A. Thereafter, the
respondent no 04 has sought a report from
respondent no 5. i.e., the District Panchayat
Raj Officer, West Champaran, vide letter
no. 1328 dated 15/04/2025. Accordingly,
after due process, the respondent no 05 has
submitted his report vide letter no. 1149
dated 17/05/2025. Hence, the respondent no
4 has passed the order dated 26/05/2025 in
detail with direction to the respondent no 5
to take actions against the culprits
according to rule and regulations within 1
month.
13. That, in compliance with the aforesaid order,
after the instruction of the competent
authority, the respondent no. 10, i.e., the
Block Development Officer, Narkatiaganj
directed to the Dinesh Kumar Pandey ex-
Panchayat Sachiw for recovery of the
labour payment from the relative of private
respondent and to make payment to the
actual labour within 7 days and copy
served to the at present Pachayat Sachiw
for compliance vide Memo no. 411 dated
09/07/2025, accordingly the on 09/09/2025,
one Munna Pal has refund the labour
payment of rupees 67,229/- (sixty seven
thousand two hundred twenty nine rupees).
14. That it is pertinent to mention here that the
writ petitioner has falsely mentioned
regarding the "culvert constructed near the
Khahar Pine of Chintawanpur village
under Narkatiyaganj Block, West
Champaran that no work has been done by
Patna High Court CWJC No.12541 of 2025 dt.16-01-2026
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the authority regarding the mention of the
writ petitioner.
15. That it is pertinent to mention here that the
writ petitioner has also received the rupees
22,060/- (twenty-two thousand sixty
rupees), payment of labour and other
expenses regarding Yojna no 02/2022-23
(Gram Panchayat ke Gram Tarharwa ke
Ward no. 08 me Mandir Prangan me Kuaa
ka Jirnodhar Karya).
16. That, it is pertinent to mention in this matter
that it is not related to Public interest
litigation. The writ petitioner filed this
matter before this Hon'ble Court regarding
a political conflict with the private
respondent.”
3. Learned counsel appearing for the Respondent Nos.
4 to 7 and 10 submits that in view of the specific averments
made in the counter affidavit, nothing more remains to be
adjudicated in this Public Interest Litigation.
4. After hearing the learned counsel for the respective
parties and after going though the counter affidavit filed on
behalf of Respondent Nos. 4 to 7 and 10, the proceeding stands
closed granting liberty to the petitioner that in case he wants to
agitate any issue(s) relating to financial irregularity in the
scheme, he may bring it to the notice of an appropriate
Investigating Agency.
5. The writ petition stands disposed of.
Patna High Court CWJC No.12541 of 2025 dt.16-01-2026
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6. Interlocutory Application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Rajeev Ranjan Prasad, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 17.01.2026
Transmission Date
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