Ramjee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4009 of 2026 ====================================================== Ramjee Yadav S/o- Surya Narayan Yadav, R/ Village- Jawahi Diyar, P.SBarhmpur, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayat Raj Department, Govt. of Bihar.

2.

The District Magistrate, Buxar.

3.

The District Panchayat Officer, Buxar.

4.

The Sub- Divisional Officer, Buxar.

5.

The Superintendent of Police, Buxar.

6.

The Block Development Officer, Chaki, Buxar.

7.

Urmila Devi, W/o- Jaiprakash Yadav R/o Village- Jawhi Diyar, P.S.- Brahmpur, District- Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Deepshikha, Adv.

For the Respondent/s :

Mr. Raghwanand, GA-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-04-2026 The instant writ petition, in the nature of Public Interest Litigation, has been filed by petitioner, Ramjee Yadav, seeking the following relief(s).

"a. To issue an appropriate writ, order, or direction, commanding the respondent authorities to register First Information Reports in respect of large-scale defalcation, misappropriation and siphoning of public funds committed under various government schemes implemented in Gram Panchayat Jawahi Diyar,

2/5 District Buxar.

b. To issue an appropriate order or direction commanding the respondent authorities to ensure a fair, impartial and independent criminal investigation in relation to the aforesaid economic offences so that the truth may be unearthed and accountability may be fixed, and to bring within the fold of investigation the private respondent-Mukhiya as well as all other public officials and private persons who are found to be involved, directly or indirectly, in the commission of such offences.

c. To issue an appropriate direction, commanding the respondent authorities to conduct a comprehensive forensic audit of all Panchayat accounts and scheme-wise expenditures of Gram Panchayat Jawahi Diyar from the year 2016 onwards, to take coercive and penal action including suspension and removal of the private respondent from the office of Mukhiya in accordance with law, and to protect and enforce the fundamental and constitutional rights of the villagers who have been unlawfully deprived of basic civic amenities such as roads, drainage and potable drinking water due to systematic corruption, abuse of public office and continued administrative inaction.

d. To pass any other order/s as may

3/5 be deemed just and proper in the interest of justice."

2. It is the case of the petitioner that respondent no. 7, Urmila Devi, was elected as Mukhiya of Gram Panchayat Jawahi Diyar for the period 2016-2021 and continues to hold the said post at present. It is alleged that she has committed grave irregularities while executing various public welfare schemes, wherein sanctioned amounts were withdrawn without corresponding execution of work, false measurement books were prepared, and public funds were diverted to private persons, including her close relatives, in clear violation of statutory provisions and established financial norms.

3. The learned counsel for the petitioner submits that the petitioner had earlier submitted a representation before the District Panchayati Raj Officer, Buxar, alleging such large-scale corruption and misappropriation of public funds by respondent no. 7, but no effective action has been taken by the authorities, compelling the petitioner to approach this Court. It is further submitted that the District Magistrate, Buxar, upon examination of the records, recorded findings of irregularities committed by respondent no. 7 and recommended action under Sections 17(1) (घ) and 18(5) of the Bihar Panchayati Raj Act, 2006, thereby establishing prima facie misconduct on her part. It is also stated

4/5 that although an F.I.R. has been registered, the involvement of the Mukhiya in the offence has been excluded. In one instance, i.e., Brahmpur P.S. Case No. 200 of 2022, non-bailable warrants were issued against the Mukhiya vide order dated 06.06.2022, yet the police have failed to arrest her till date. It is further contended that certain certificate proceedings have been initiated against respondent no. 7; however, such proceedings do not absolve her from criminal liability arising out of defalcation of public funds. It is submitted that the deliberate omission of the name of the Mukhiya as an accused, despite availability of documentary evidence against her, necessitated the filing of the present Public Interest Litigation.

4. After hearing the learned counsel for the petitioner and upon perusal of the averments made in the writ petition, this Court posed a query as to why the petitioner has not lodged any written report before police, if the allegations disclosed commission of cognizable offences. In response, the learned counsel for the petitioner submitted that liberty may be granted to the petitioner to file the written report and the concerned authorities be directed to investigate the matter in accordance with law.

5. The learned counsel appearing for the State has no

5/5 objection to the relief sought by the petitioner.

6. In view of the submissions made, the present writ petition is disposed of, granting liberty to the petitioner to approach the concerned Station House Officer (S.H.O.) and file a written report highlighting the large-scale defalcation, misappropriation and siphoning of public funds committed allegedly by the Mukhiya of the Panchayat which shall be dealt with in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

7. It is made clear that we have not expressed any opinion on the merits of the allegations levelled against respondent no.7, which shall be subject to investigation upon filing of written report, in case the same is registered as the F.I.R.

(Sangam Kumar Sahoo, CJ) ( Harish Kumar, J) rohit/- U