Sanjay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15752 of 2025 ====================================================== 1.
Sanjay Prasad S/o Virijbihari Lal, Resident of Churi Bazar, Ward No. 11, P.S. Daudnagar, District- Aurangabad.
2.
Radha Raman Puri, S/o Yadunandan Puri, Resident of Patna Ke Phatak Puri Muhalla, Ward No.-21 (At present Ward No.-24), P.S.- Daudnagar, DistrictAurangabad. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 2.
The Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3.
The District Magistrate, Aurangabad.
4.
The Sub-Divisional Officer, Daudnagar, Aurangabad. 5.
Smt. Anjali Kumari, the Chief Councilor, Nagar Parishad, Daudnagar, Aurangabad.
6.
Rishikesh Avasthi, the Executive Officer, Nagar Parishad, Daudnagar, Aurangabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sushil Kumar Jha For the Respondent/s :
Mr. Kumar Alok, Standing Counsel (07) Mr. Sudhanshu Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 31-03-2026 Heard learned counsel for the petitioners and learned counsel for the respondents.
2. The instant writ application has been filed for directing the respondent, the Secretary, Urban Development and Housing Department, to finalize the enquiry report of the respondent Sub-Divisional Officer dated 22.05.2025, transmitted by the respondent District Magistrate, against
Patna High Court CWJC No.15752 of 2025(2) dt.31-03-2026 2/3 various financial irregularities committed by the respondent Executive Officer, namely, Rishikesh Avasthi, Nagar Parishad, Daudnagar, in connivance with Smt. Anjali Kumari, the Chief Councilor, Nagar Parishad, Daudnagar, who have committed various corrupt practices for their personal gain at the cost of the State exchequer and public inconvenience. Further, to punish the respondent Executive Officer and Smt. Anjali Kumari, the Chief Councilor, and to recover the embezzled public money collected through corrupt practices, and till finalization of the proceeding, all the financial powers of respondent nos. 5 and 6 may be frozen.
3. Learned counsel for the petitioners submits that an enquiry into the allegations of misappropriation and embezzlement of funds has already been conducted by the District Magistrate, and the report has been forwarded to the Secretary, Urban Development and Housing Department, vide Letter No. 4515 dated 18.06.2025.
4. On the other hand, learned counsel for the State, as also learned counsel appearing for Nagar Parishad, Daudnagar, Aurangabad, submit that since the report has already been forwarded to the Secretary, Urban Development and Housing Department, Government of Bihar, the Secretary may be
Patna High Court CWJC No.15752 of 2025(2) dt.31-03-2026 3/3 directed to take a final decision in accordance with law after providing an opportunity of hearing to the persons against whom the allegations of misappropriation and embezzlement have been made.
5. In view of the aforesaid facts, and considering that the report has already been placed before the Secretary, Urban Development and Housing Department, as also that the petitioner has submitted a representation dated 18.12.2024 (Annexure-P/1), it is directed that, if the Secretary requires any assistance from the petitioners, their appearance may be secured through proper communication. Before passing appropriate orders, the Secretary shall ensure that all concerned parties are heard, and thereafter pass a reasoned order in accordance with law within a period of eight weeks from the date of receipt/production of a copy of this order.
6. With the aforesaid observations and directions, the instant writ application stands disposed of.
7. Pending I.A.(s), if any, also stands disposed of. (Ajit Kumar, J) shikha/- U