Patna High Court
Santoshi YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is dismissed as the petitioner failed to meet the credential requirements for a PIL and the respondents have already initiated appropriate action.
Summary
The petitioner, a self‑described social worker, filed a public‑interest litigation seeking a writ directing the State of Bihar and its officials to investigate alleged embezzlement of funds under the Pradhan Mantri Awas Yojana and MNREGA by five beneficiaries and complicit government employees. The petition also requested departmental action against the erring officials and recovery of the misappropriated money. The respondents contended that steps were already being taken against the beneficiaries, and the petition did not provide any supporting material to establish the petitioner’s credentials as required by Chapter XXI‑CC of the Patna High Court Rules. The Court examined the procedural requirements for a PIL and found the petitioner’s disclosures insufficient to satisfy the prima facie test. Consequently, the Court held that no further direction was necessary and dismissed the petition, ordering it to be disposed of.
Issues considered
- Whether the Court should issue a writ directing an inquiry into alleged embezzlement of public funds under PMAY and MNREGA.
- Whether the petitioner satisfies the procedural and credential requirements for filing a public‑interest litigation under Chapter XXI‑CC of the Rules of the High Court at Patna.
- Whether the existence of ongoing departmental action negates the need for judicial intervention.
Subjects
- public interest litigation
- embezzlement
- Pradhan Mantri Awas Yojana
- MNREGA
- government scheme fraud
- writ petition
- procedural deficiency
- disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19320 of 2025
======================================================
Santoshi Yadav, Son of Late Bhup Yadav, Resident of village- Barahi, Police
Station- Biraul, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Rural
Development Deptt. Govt. of Bihar Patna.
2. The District Magistrate, Dist.- Darbhanga.
3. The Sub Divisional Magistrate, Biraul, Dist.- Darbhanga.
4. The Block Development Officer, Biraul, Dist.- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-01-2026 This writ application, in the nature of Public Interest
Litigation, has been filed for the following reliefs :-
"i) That in the larger public
interest, this is an application for issuance of
an appropriate writ order or direction,
directing the Respondents Authority to make
enquiry in the loot of Public Money by five
persons namely:- Smt. Geeta Devi, W/o Sri
Rajiv Kumar Yadav, D/o Sri Raj Kumar
Yadav, Smt. Dropati Devi, W/o Sri Sanjay
Yadav, D/o Sri Jogi Yadav, Smt. Lalita Devi,
W/o Sri Raja Ram Yadav, D/o Sri Bhola
Yadav, Smt. Sita Devi, W/o Sri Anand
Kishore Yadav, D/o Sri Birendra Yadav and
Smt. Sudhira Devi, W/o Sri Suresh Yadav,
D/o Sri Manmohan Yadav, All R/o Ward
Patna High Court CWJC No.19320 of 2025(3) dt.12-01-2026
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No.01, Itwa Shivnagar Panchayat, P.S.-
Biraul, Dist.- Darbhanga in the name of
Pradhan Mantri Awaas Yojana, Gramin in
their Maike concealing the fact that they
have been residing in their respective
matrimonial houses with their husband with
the help of Govt. Employees without
constructing the house. They have embezzled
the public money which is hard earned
money of taxpayers of the country.
ii) That further making enquiry
that the said five beneficiaries alongwith
other 11 members of their families have
illegally withdrawn MNREGA funds from the
Itwa Shiv Nagar Panchayat with the
involvement of Govt. Employees. They have
embezzled substantial Govt. funds in the
name of cattleshed, tree planting and pond
construction.
iii) That further taking
departmental action against the erring govt.
employees involved in this illegal loot of
public money and further recovery from the
beneficiaries who have been illegally
benefited from various Govt. schemes and
have misused and embezzled Govt. funds for
many years with the help of Govt. Officials.
iv) For any other reliefs for which
the petitioner is entitled in the facts and
circumstances of the case."
2. It is stated in the petition that Smt. Geeta Devi,
Smt. Dropati Devi, Smt. Lalita Devi, Smt. Sita Devi and Smt.
Sudhira Devi, are the persons who have been sanctioned money
for construction of houses under Pradhan Mantri Awas Yojana
but they have not constructed the house and the authorities are
Patna High Court CWJC No.19320 of 2025(3) dt.12-01-2026
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not taking any steps for recovery of the amount from those
persons and in that respect, representation has already been
submitted before respondent No. 2.
3. The learned Advocate General, on the other hand,
while not disputing that the five persons have received the
money under the Pradhan Mantri Awas Yojana and not
constructed the house, pointed out that Annexure-P/5 clearly
indicates that the authorities are taking steps against those
persons for recovery of the amount which has been sanctioned
in their favour.
4. Learned counsel for the petitioner submits that
since the petitioner has submitted a representation before
respondent No. 2 on 25.05.2025 under Annexure-P/4, the same
may be directed to be disposed of in accordance with law.
5. Before considering the said submission, it is
relevant to refer to the parameters laid down under Chapter
XXI-CC of the Rules of the High Court at Patna, 1916, for
filing Public Interest Litigation, which is reproduced herein
below:
“6. To facilitate the aforesaid
purpose, a petitioner in a PIL shall state in
clear terms the relief prayed for in paragraph-1
of the petition and the grounds in paragraph-2.
In paragraph-3, he must give full and complete
details of himself to reveal his interest,
Patna High Court CWJC No.19320 of 2025(3) dt.12-01-2026
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credentials and qualification relevant for the
PIL, along with a declaration that he has no
personal interest, direct or indirect, in the
subject matter of the PIL. In addition,
ordinarily, the petitioner is required to set out
all relevant facts with supporting data, reports,
etc.
7. After arriving at a prima facie
satisfaction regarding the credentials of the
petitioner and the correctness of the contents
of the petition, if the Court finds that the
petition was filed by busybodies for
extraneous or ulterior motives, the Bench
may impose exemplary costs.”
6. In the present case, the petitioner has stated that
he is a citizen of India residing within the territorial jurisdiction
of this Court and has asserted that he has no personal interest,
direct or indirect, in the subject matter of the case. The
petitioner has further described himself as a social worker
engaged in social service and raising his voice against illegal
acts of Government employees and officers. However, beyond
such general assertions, the writ petition does not disclose any
particulars or supporting material relating to the petitioner’s
credentials or qualifications relevant to the public cause sought
to be espoused.
7. In the absence of such disclosure, this Court is
unable to arrive at a prima facie satisfaction regarding the
credentials of the petitioner in terms of Rule 7 of Chapter
Patna High Court CWJC No.19320 of 2025(3) dt.12-01-2026
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XXI-CC of the Rules.
8. In view of Chapter XXI-CC of the Rules of the
High Court at Patna and the fact that the authorities have
already initiated the proceedings and taken steps against the five
persons who have received money, we do not find any reason
for a further direction to the respondent No. 2 to take a decision
on Annexure-P/4.
9. In view of such state-of-affair, the writ petition
stands disposed of.
10. Interlocutory application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Sudhir Singh, J)
Rajesh/-
U
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