Chandeshwar Chaudhari v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9853 of 2025 ====================================================== Chandeshwar Chaudhari Son of Dahaur Chaudhari, resident of villageVijdhari Nijamat, P.S. - Keshariya Vijdhari O.P, District- East Champaran, Motihari.
... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Ministry of Rural Development, Government of India.
2.
The State of Bihar through the Principal Secretary, Ministry of Rural Development, Government of Bihar, Patna.
3.
The Additional Chief Secretary, Ministry of Rural Development, Government of Bihar, Patna.
4.
The District Magistrate, East Champaran.
5.
The Deputy Development Commissioner, East Champaran. 6.
The District Program Officer, MGNREGA, East Champaran. 7.
The Block Program Officer, MGNREGA, Kesaraiya Block, East Champaran.
8.
The Mukhiya, Bijdhari Purvi, Sundrapur Panchayat, Kesraiya Block, East Champaran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek Kumar Srivastava, Advocate For the UOI :
Mr. Arjun Kumar, CGC ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 27-11-2025 In the instant petition, the petitioner prays for the following relief(s):- "(i) For issuance of an appropriate writ/order/direction in the nature of mandamus authorities to make proper inquiry by the independent agency with respect to the
2/6 irregularities committed in preparation of Master Roll related to MGNREGA in the Bijdhari Purvi, Sundrapur Panchayat, Kesraiya Block, East Champaran (ii) For issuance of an appropriate writ/order/direction in the nature of mandamus authorities to enquire into the corruption being done under Bijdhari Purvi, Sundrapur Panchayat, Kesraiya Block, East Champaran by the authorities of the said panchayat by misutilising/misappropriating the public funds. (iii) For issuance of an appropriate writ/order/direction in the nature of mandamus authorities to grant benefit of payment to the real beneficiaries/labours who are actually working under the MGNREGA Scheme.
(iv) For issuance of an appropriate writ/order/direction in the nature of mandamus authorities to immediately identify and halt all ongoing and proposed works under MGNREGA or related schemes that are being executed in violation of the statutory mandate, and ensure that future works are strictly confined to public lands for public benefit, as mandated under the MGNREGA Act and accompanying regulations.
(v) For any other relief or reliefs which the petitioner is entitled to in the facts and circumstances of the case."
3/6
2. The following statements have been made in paragraph Nos.5 to 9 of the counter affidavit filed on behalf of Respondent No.4:- "5. That the writ petitioner has filed the instant writ application for the reliefs interalia for issuance of an appropriate writ/direction in the nature of mandamus and commanding the respondent authorities to make proper inquiry by the independent agency with respect to the irregularities committed in preparation of Master Roll related to MGNREGA in the Bijdhari Purvi, Sunderpur Panchayat, Kesariya Block, East Champaran. Further directing and commanding the respondent authorities to enquire into the corruption being done under Bijdhari Purvi, Sunderpur Panchayat, Kesariya Block, East Champaran by the authorities of the said Panchayat by mis-utilizing the public funds.
Further directing and commanding the respondent authorities to grant benefits of payment to the real beneficiary who are actually working under the MGNREGA Scheme. Further authorities to immediately identify and halt all ongoing and proposed work under MGNREGA or related schemes that are being executed in violation of the statutory mandate and ensure that future works are strictly confined to public lands for public benefits as mandate under the MGNREGA Act and accompanying regulations.
6. That the facts remaining further as stated is
4/6 that in Bijdhari Purvi serious irregularities have come to light including fabrication and falsification of the Master Roll, ghost entries of non-existent workers misappropriation of funds meant for wages and non-payment to actual beneficiaries. Work Code No. No.
05130006017/RC/20641375 work name "Mitti Karan and Soling" and reflected in Master Roll No. 10397 the attendance of workers has been recorded through the National Mobile Monitoring System (NMMS) App. A perusal of the said attendance records reveals that the photograph uploaded are exclusively of male workers whereas the names entered are that of female workers. Further stated that relating to work code no.05130006017/RC/20641375 concerning the work titled 'Mitti Karan and Soling' and recorded under Master Roll No.10397 is not an isolated case. Thus, it establishes that the actual workers rendering physical labour at the site are not being officially acknowledged or paid and that fake entries are being created with the intent to siphon off public funds. The petitioner submitted detailed written representation on 03.04.2024 before all the concerned responsible authorities to enquire the irregularities but not given heed to it.
7. That the facts remains further that on receipt of the complaint from the petitioner District Rural Development Agency issued vide Letter No-1537 dated 07.08.2024 to District
5/6 Programme Officer MGNREGA, Executive Engineer MGNREGA and to others for instituting a committee to enquire the allegations.
8. That the facts remains further is that District Programme Officer MGNREGA, East Champaran submitted enquiry report vide Letter No.24 dated 15.07.2025. The three members committee enquired about 17 schemes falls under Panchayat Raj Bijdhari, East Sundarpur that the works have been done as per NMMS photographs related Master Roll except Serial No.15, No.651306/FP/20332939 in which 20% less Mitti work has been done which has been reported complete and this irregularity is there. It was found that Panchayat Rojgar Sevak has reported nil attendance in serial no.01, 02, 03, 04, 07 and 12 altogether six schemes in NMMS photographs Master Roll submitted whereas MET has uploaded a different attendance sheet with photographs. Considering the nil attendance illegally shown in NMMS photographs show cause notice was directed to be issued vide Letter No-2093 dated 22.10.2025.
9. That the facts remaining further is that after receiving show cause of all the authorities concerned and on the basis of enquiry report submitted by the three members enquiry committee and in the light of Letter No-196 dated 25.03.2022 for the irregularities committed all the persons concerned found in the illegality were punished vide Letter No-2119
6/6 dated 29.10.2025 by District Rural Development Agency."
3. Upon perusal of materials on record, it appears that the authorities have already conducted an enquiry, identified irregularities, and have taken an action against the persons who were found responsible. Therefore, no further order is required to be passed in the present writ application.
4. Accordingly, this writ application stands disposed of.
5. Pending application(s), if any, shall stand disposed of.
(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J.) Gaurav Kumar, Ibrar/- U