Vivek Kumar v. The State Of Bihar
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, BlockRaghopur, 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:
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, BlockRaghopur, 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.
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 RajChaksingar, Raghopur- Block, DistrictVaishali 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
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
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