Patna High Court
Lakhan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The appeal is allowed and the order dismissing the writ petition for lack of clean hands is set aside.
Summary
Lakhan Kumar, an Anurakshak under the Mukhyamantri Gramin Peyjal Nischay Yojana, filed a writ petition seeking payment of arrears, training, an inquiry into alleged fund defalcation by a ward committee chairperson, and compensation for delay. The Single Judge dismissed the petition on the ground that the petitioner had not approached the court with clean hands, relying on a representation that allegedly misrepresented an earlier order (C.W.J.C. No. 2429 of 2023). On appeal, the Division Bench examined the representation and found no false statement or intent to mislead, concluding that the clean‑hands allegation was unfounded. The Court held that the Single Judge’s dismissal was perverse and unsupported by evidence. Consequently, the appeal was allowed, the impugned order set aside, and the matter remanded to the assigned bench.
Issues considered
- The writ petition was dismissed on the ground that the petitioner had not come before the court with clean hands; was this ground justified?
- Whether a Division Bench can set aside a Single Judge’s order on the basis that it is perverse and lacks evidential support.
Subjects
- clean hands doctrine
- civil writ jurisdiction
- letters patent appeal
- perverse order
- division bench powers
- arrears of honorarium
- inquiry into fund defalcation
- compensation for delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.765 of 2025
In
Civil Writ Jurisdiction Case No.4696 of 2025
======================================================
Lakhan Kumar Son of Jhagru Mandal, Resident of village- Masaha, Ward No.
3, P.O. - Koriya, P.S.- Parihar, District- Sitamarhi.
... ... Appellant
Versus
1. The State of Bihar through the Principal Secretary, Panchayati Raj
Department, Government of Bihar, Patna.
2. The Principal Secretary, Public Health and Engineering Department,
Government of Bihar, Patna.
3. The District Level Monitoring Committee through the District Magistrate,
Sitamarhi.
4. The District Panchayati Raj Officer, Sitamarhi, Bihar.
5. The Mukhiya, Gram Panchayat Pipra Bishanpur, Sitamarhi, Bihar.
6. The Panchayat Secretary, Gram Panchayat Pipra Bishanpur, Sitamarhi,
Bihar.
7. The Ward Implementation and Management Committee, Gram Panchayat
Pipra Bishanpur, Ward No.3, Sitamarhi through its Chairman.
... ... Respondents
======================================================
Appearance :
For the Appellant/s : Mr. Nilesh Kumar Pandey, Advocate
For the Respondent/s : Mr. Government Advocate (5)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-02-2026
This Letters Patent Appeal has been filed by the
appellant Lakhan Kumar challenging the order dated
Patna High Court L.P.A No.765 of 2025 dt.05-02-2026
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24.03.2025 passed by the learned Single Judge in C.W.J.C. No.
4696 of 2025, in which his writ petition has been dismissed on
the sole ground that the petitioner-appellant had not approached
the Court with clean hand.
2. The aforesaid writ petition was filed by the
appellant seeking for following reliefs:
“1. i. For a direction to the Respondents to
make payment of the arrears of the
honorarium due to the petitioner along with
applicable incentives.
ii. For a further direction to the Respondents
to provide the necessary training and other
facilities to the Petitioner in connection with
his appointment as an Anurakshak under the
Mukhyamantri Gramin Peyjal Nischay Yojana.
iii. For a direction to the Respondents to
initiate appropriate inquiry into the
defalcation of scheme funds by the current
Chairman of the Ward Implementation and
Management Committee, Gram Panchayat
Pipra Bishanpur, Ward No. 3, namely, Meena
Devi.
iv. For a direction to the Respondents to pay
costs and compensation to the Petitioner for
the delay in clearing his legitimate dues.”
3. When the matter was taken up on 24.03.2025, a
submission was made on behalf of the learned counsel for the
State that the writ-petitioner has not come before the Court with
clean hand and to substantiate the submission, attention was
drawn to the representation of the petitioner, which was
Patna High Court L.P.A No.765 of 2025 dt.05-02-2026
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submitted before the District Magistrate, Sitamarhi. Learned
counsel for the State also produced the order dated 13.07.2023
passed in C.W.J.C. No. 2429 of 2023, which was mentioned in
the representation of the petitioner to show that the writ
petitioner had not filed such writ petition, i.e., C.W.J.C. No.
2429 of 2023.
After hearing the learned counsel for the respective
parties and perusing the order dated 13.07.2023 passed in
C.W.J.C. No. 2429 of 2023, the learned Single Judge has been
pleased to observe in paragraph no. 9 as follows :
“9. Having heard the counsel for the parties
and perused the materials on record and also
perused the order dated 13.07.2023 passed in
CWJC No. 2429 of 2023 which was produced
by the learned counsel for the State and the
same was mentioned by the petitioner in his
representation dated 11.09.2024, it appears
that the petitioner has not moved before this
Court with clean hands and on the sole
ground that the petitioner has not come before
this Court with clean hand, this writ petition is
fit to be dismissed.”
4. Learned counsel for the appellant submitted that
the representation has been annexed to the writ petition as
Annexure P/7 series and in the said representation, the appellant
has just referred to the order passed in C.W.J.C. No. 2429 of
2023 and the copy of the order has also been annexed to the
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said representation and, therefore, no wrong information has
been provided to the authorities concerned for considering the
representation and, therefore, the submission that was made by
the learned counsel for the State that the writ-petitioner has not
come before the court with clean hand cannot be accepted.
Therefore, the acceptance of such submission by the learned
Single Judge is erroneous and since there is perversity in the
impugned order, the same may be set aside.
5. Law is well settled that the Division Bench can
disturb the order of the learned Single Judge, if it is shown that
it is perverse and based on no evidence. After perusing the
representation which was filed by the appellant/writ-petitioner
before the concerned authorities, we are of the view that neither
in the petition nor in the representation the writ petitioner has
tried to mislead the authorities concerned or placed any
incorrect fact, therefore, the submission which was made by the
learned counsel for the State that the appellant has not come to
the court with clean hand is not acceptable and on the basis of
such submission, the dismissal of the writ petition was not
proper and justified.
6. Accordingly, the impugned order dated 24.03.2025
passed by the learned Single Judge in C.W.J.C. No. 4696 of
Patna High Court L.P.A No.765 of 2025 dt.05-02-2026
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2025 is set aside. The matter be placed before the assigned
Bench.
7. The Letters Patent Appeal is allowed.
8. Interlocutory Application, if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
( Nani Tagia, J)
Shailendra/
Narendra
AFR/NAFR
CAV DATE
Uploading Date 10.02.2026
Transmission Date
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