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Patna High CourtCWJC/6246/2025dismissed

Vijay Kumar v. The State Of Bihar

2025-09-12Mr. Justice P. B. Bajanthri,Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6246 of 2025 ====================================================== Vijay Kumar s/o Gulab Prasad, R/o- Mahuwabari Dham Road, Mairwa, P.S.- Mairwa, District- Siwan, Bihar- 841239 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The Principal Secretary, Vigilance Department, Government of Bihar, Patna. 4.

The District Magistrate, Siwan, Bihar.

5.

The Executive Officer, Nagar Panchayat- Mairwa, District- Siwan. 6.

Shri Ravi Shankar Prasad, Executive Officer, Nagar Panchayat- Mairwa, District- Siwan.

7.

Shri Paramhans Yadav, Junior Engineer, Nagar Panchayat- Mairwa, DistrictSiwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyam Raj, Advocate For the Respondent/s :

Mr.Advocate General ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 12-09-2025 In the instant petition petitioner has prayed for the following reliefs:

"a. To issue an appropriate writ, order, or direction for a high-level investigation by an independent agency, such as the Vigilance Department, or any other competent authority, into the illegal and arbitrary issuance of work orders by Respondents No. 6 and 7, and the financial misappropriation involved therein.

Patna High Court CWJC No.6246 of 2025 dt.12-09-2025 2/3 b. To direct an independent forensic audit by the Comptroller and Auditor General (CAG) or any other competent agency into all work orders issued by Respondents No. 6 and 7 to ascertain financial misappropriation, and in case of any detected embezzlement or irregularity, to initiate immediate and exemplary legal and departmental action against the responsible officials, including criminal prosecution, recovery of misappropriated funds, and permanent blacklisting from any future government assignments.

c. To issue a writ of Mandamus directing the State Government to immediately suspend Respondents No. 6 and 7 and initiate disciplinary proceedings against them for gross violation of departmental guidelines and financial mismanagement.

d. To issue a writ directing the State Government to ensure that all future development works in Nagar PanchayatMairwa and Guthani be carried out strictly in compliance with the prescribed tendering process and financial limits, and to frame strict guidelines to prevent such malpractices in the future.

e. To pass any other order/s as may be deemed just and proper in the interest of justice."

2. The petitioner has invoked the extra ordinary jurisdiction of this Court under Article 226 of constitution by filing the present PIL, inter alia, seeking various directions against respondents in respect of certain allegations and to hold investigations in the public offices. At the outset, we have

Patna High Court CWJC No.6246 of 2025 dt.12-09-2025 3/3 carefully perused the pleadings in the writ petition. The averments are found to be vague, indefinite, and lacking in material particulars. It is well settled that PIL cannot be entertained on basis of bald and sweeping assertions without supporting particulars and evidences like documentary materials. In the absence of specific pleadings, this Court cannot issue mandamus.

3. Reading of the relief sought in the present petition one cannot draw inference what is the exact relief that petitioner is seeking. Accordingly, writ petition stands dismissed reserving liberty to the petitioner to file fresh petition with proper pleadings and materials and specific relief. In this regard petitioner has to approach competent authority. In this regard petitioner may take note of accountability of Government and authorities issue and proceed in accordance with law, if any. (P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) Prakash Narayan AFR/NAFR NAFR CAV DATE NA Uploading Date 17.09.2025 Transmission Date NA