Vinay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7537 of 2026 ====================================================== Vinay Prasad Son of Mahendra Prasad, Resident of village- Anjan, P.O.- Anjan, P.S. Roshanganj, Bankebajar, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department and Housing Department, Government of Bihar, Patna. 2.

The Director, Urban Local Bodies, Bihar, Government of Bihar, Patna. 3.

The District Magistrate, Gaya, Bihar.

4.

Mrs. Richa Priyadarshini, The Executive Officer, Sherghati Nagar Parishad, District- Gaya, Bihar.

5.

The Chairman, Sherghati Nagar Parishad, District- Gaya. 6.

The Senior Superintendent of Police, District- Gaya, Bihar. 7.

The Vigilance Investigation Bureau, Bihar through its Director, Government of Bihar, Patna.

8.

M/s Sunrise Enterprises through its Proprietor Mr. Himanshu, Registered Office at Office at Ground Floor, Ward No. 10, Yes Bank Building, Shiv Nagar, Udhampur, District Udhampur, Union Territory of Jammu and Kashmir -182101.

9.

M/s Jay Shiv Construction, through its Proprietor Mr. Arvind Kumar, Son of Sheojanam Singh, Registered Office at Floor No. 01, Khata No. 1225, Plot No. 1655, Mohalla-Satsang Nagar, Ward No. 11, GB Road, AL Shafa Hemeo Clinic, Satsang Nagar, Sherghati, P.S.- Sherghati, District-Gaya, Bihar, PIN- 824211.

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Advocate For the State :

Mr. S.D. Sanjay, Advocate General Mr. Rahul Kumar, AC to AG For the Nagar Parishad :

Mr. Kush, Advocate Mr. Sanjay Kumar, Advocate Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 14-07-2026 Heard learned counsel for the parties.

2. The present writ application, in the nature of a Public Interest Litigation, has been preferred seeking the

2/4 following reliefs:- "(i) To issue an appropriate writ, order or direction, more particularly in the nature of Mandamus, directing the Respondent authorities to take appropriate legal action forthwith against the Executive Officer, Sherghati Nagar Parishad and other involved persons, and to ensure that the investigation/ enquire is conducted in a fair, impartial, independent and time-bound manner, preferably by the Vigilance Investigation Bureau, Bihar or any other independent agency, and/or by the Central Bureau of Investigation, so as to ensure a free and unbiased investigation.

(ii) To direct the competent authorities to Initiate the departmental/disciplinary proceedings against Executive Officer, Sherghati Nagar Parishad, for misconduct, abuse of official position and violation of procurement norms, and to take appropriate action including suspension or transfer during the pendency of inquiry/investigation, so as to prevent any interference with the investigation. (iii) To quash, set aside or declare illegal the impugned tender processes and contracts, including those relating to painting, fountain and other works, and further direct the respondents to assess and recover the financial loss caused to the public exchequer due to inflated rates and irregular award of contracts, from the persons found responsible.

(iv) To direct the competent authorities to initiate appropriate proceedings against the beneficiary contractors, including blacklisting/debarment and recovery proceedings, if found involved in cartelization, manipulation or

3/4 undue advantage in the tender process.

(v) This Hon'ble Court may be pleased to direct the respondents to preserve and produce all relevant records and further direct the investigating agency to submit periodic status reports, and to pass any other order(s) as deemed fit and proper in the interest of justice."

3. A counter affidavit has been filed on behalf of the respondent Nagar Parishad. The relevant part of paragraph 3 of the said counter affidavit is reproduced as under:- "3. .......The petitioner for the same grievances made a complaint before the District Magistrate, Gayaji and on the basis of the complaint of the petitioner, the District Magistrate, Gaya ji constituted a high level enquiry committee vide his letter no. 2263 dated 29.04.2026 which is thoroughly enquiring in to the issues raised in the complaint of the petitioner and similarly the District Magistrate, Gaya ji has stayed the execution of the performance of the alleged contract which is the subject matter of this writ petition. ........"

4. Upon perusal of the said statements and AnnexureR/1 to the counter affidavit, it appears that a high level enquiry committee has already been constituted to look into the affairs of the person, namely, Vinay Prasad, who is the executive officer of the local body.

5. In the aforesaid circumstances, we are of the considered view that the grievance of the petitioner in the

4/4 present writ application stands redressed, and thus no further order is required to be passed in the present writ application.

6. However, it goes without saying that the authority concerned shall conclude the enquiry at the earliest and proceed as per the report submitted by the enquiry committee.

7. With the aforesaid observation, the present writ application stands disposed of.

8. Pending application(s), if any, shall also stand disposed of.

(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Sachin/- U