Patna High Court

Pramod RautversusThe State of Bihar

Decided: 2 February 2026
Disposal: DISMISSED
Bench: ANSHUMAN

Holding

The writ petition is dismissed as the petitioner’s challenge to the show‑cause letters is not maintainable.

Summary

The petitioner, Pramod Raut, a Nazir in East Champaran, filed a writ petition challenging two show‑cause letters dated 5 May 2022 and 8 December 2022, which alleged that he had received nomination fees and collected a sairat deposit of Rs 8,21,050 that he had not deposited in the government account. The State argued that the letters were merely show‑cause notices and that the petitioner had already been given an opportunity to respond, making the writ petition premature. The petitioner’s counter‑affidavit admitted the alleged non‑deposit and the demand of Rs 2,89,050 for another pond’s sairat. The Court observed that the letters were issued in 2022 and the petition was an attempt to delay the matter, and therefore directed the petitioner to comply with the demand. Consequently, the writ petition was dismissed.

Issues considered

Whether the petitioner can challenge the show‑cause letters issued by the State through a writ petition.
Whether the petitioner is liable to deposit the alleged nomination fee and sairat amount in the government account.

Subjects

writ petition
show-cause notice
government service
administrative law
deposit of funds
civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.337 of 2024
                 ======================================================
                 Pramod Raut Son of Bharat Raut, Resident of Village- Karmawa, P.O.-
                 Karmawa, P.S.- Dhaka, District- East Champaran, Bihar- 845304, presently
                 posted as a Nazir in Block Ghorasahan, District- East Champaran.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary of General Administration
                 Department, Government of Bihar, Patna.
           2.    The Collector, at Motihari, District- East Champaran.
           3.    The Block Development Officer, At Mahesi, District- East Champaran.
           4.    The Block Development Officer, At Ghorasahan, District- East Champaran.
           5.    The Treasury Officer, at Mahesi Block, District- East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Mahendra Thakur, Adv.
                                               Mr.Shashi Bhushan Pandey, Adv.
                 For the Respondent/s    :     Mr.Dimpal Kumari, AC to GP11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   02-02-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. Counsel for the petitioner submits that the present

                   writ petition has been filed for challenging the Letter No.509

                   dated 05.05.2022 and Letter No.1590 dated 08.12.2022.

                                 3. Counsel for the State raised preliminary objection

                   and submits that those letters are the show-cause only in which

                   he has to respond, but inspite of responding, he opted to file writ

                   petition before this Hon’ble Court.

                                 4. Counsel further submits that a counter-affidavit has

                   come in this case in which categorical stand has been taken that
          Patna High Court CWJC No.337 of 2024(4) dt.02-02-2026
                                                      2/2




                    the petitioner was posted as Nazir at Mahesi Block, East

                    Champaran and during his posting, he has received nomination

                    fee during PACS Election, 2019-21 as well as collected sairat

                    deposit, which he has not deposited in the Government account

                    and Rs.8,21,050/- is pending which he has to deposit.

                                5. Counsel further submits that Letter No.1590 dated

                    08.12.2022 is the sairat of another pond, which was directed to

                    deposit by him and in this way, the demand of total

                    Rs.2,89,050/- has been made against him to deposit.

                                6. It transpires to this Court that the said letters were

                    issued in the year 2022, but in the name of filing of the writ

                    petition, the petitioner wants to delay the matter. As such, this

                    Court is not inclined to accept such type of attitude of the

                    petitioner. He is directed to make response to the appropriate

                    authority towards the said demand.

                                7. With the aforesaid observations and directions, the

                    present writ petition stands dismissed.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U

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