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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
                                           3/5




          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
                                                      5/5




                      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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