Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is disposed of, with the petitioner directed to file a detailed representation specifying particular instances and documentary proof before the authority.
Summary
Vivek Kumar filed a public‑interest writ petition alleging large‑scale irregularities, embezzlement and fabrication of MGNREGA job cards in the Gram Panchayat of Chak Singar, Vaishali, claiming funds were credited to deceased persons and withdrawn illegally. He sought a mandamus directing a court‑monitored inquiry, recovery of misappropriated money, FIRs under the Bhartiya Nyaya Sanhita and the Prevention of Corruption Act, a social audit, and a stay on further fund releases. The State argued that the petitioner habitually files such complaints and that an earlier enquiry report dismissed the complaint for lack of specific details. The High Court examined the petition and found that the allegations were not supported by detailed, specific instances or documentary evidence. Consequently, the Court disposed of the writ, directing the petitioner to file a detailed representation within two weeks, after which the authorities may consider a hearing and decide on the matter.
Issues considered
- Whether the writ petition seeking a mandamus for an independent inquiry into alleged MGNREGA irregularities is maintainable in the absence of specific particulars.
- Whether the Court can direct the petitioner to file a detailed representation before the concerned authority.
Legislation cited
Subjects
- MGNREGA
- public interest litigation
- mandamus
- misappropriation of public funds
- social audit
- administrative law
- corruption
- Gram Panchayat
Judgment
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
in the nature of Public Interest Litigation, seeking for following
reliefs:
Patna High Court CWJC No.2684 of 2026 dt.10-03-2026
2/5
(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
3/5
(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
5/5
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.