Dayanand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1004 of 2025 ====================================================== Dayanand Ram Son of Late Vihari Ram, resident of Village-Katri Dih, Panchayat-Katir, P.S. and P.O.-Katrisarai, District-Nalanda (Bihar). ... ... Petitioner/s

Versus

1.

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

The Secretary, Panchayati Raj Department, Government of Bihar, Patna. 3.

The District Magistrate, District-Nalanda at Biharsharif. 4.

The Deputy Development Commissioner, District-Nalanda at Biharsharif. 5.

The District Panchayat Raj Officer, District-Nalanda at Biharsharif. 6.

The Block Development Officer, Block-Katrisarai, District-Nalanda. 7.

The Block Panchayat Raj Officer, Block-Katrisarai, District-Nalanda. 8.

The Executive Engineer, Local Area Engineering Organisation, Works Division 01 Bihar Sharif, District-Nalanda.

9.

The Economic Offences Unit, Bihar, Patna through Superintendent of Police (Administration), Economic Offences Unit, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Kumar, Advocate For the Respondent/s :

Mr. Advocate General For the EOU :

Mr. V.N.P. Sinha, Sr, Advocate :

Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 19-11-2025 Following are the reliefs sought in the present writ petition:- "a) To direct an appropriate agency to undertake enquiry/investigation into embezzlement of public money by the government officials connection with construction of community building at

2/5 Block Katrisarai, Panchayat - Katri, Village - Katridih, Ward No. 08, Khata No.

194, Khesra No. 5514.

b) To monitor such enquiry/ investigation into embezzlement of public money by the government officials in connection with construction of community building at Block Katrisarai. Panchayat -Katri, VillageKatridih, Ward No. 08, Khata No. 194, Khesra No. 5514 till the wrongdoers are appropriately punished.

c) To pass any other order/orders in shape of a consequential relief to which the Petitioner may be found to be legally entitled to in the facts and circumstances of the instant case at hand."

2. Following contentions have been made in paragraph nos.6, 7 & 8 of the counter affidavit filed on behalf of Respondent Nos. 3 to 6:- "6. That it is alleged by the petitioner that the concerned community hall was not constructed over the aforesaid approved land, whereas the amount of the scheme has already been withdrawn. It is stated that a bill bearing Ref No 20230925091264 for a total amount of Rs.

7,85,801/- was passed on 20.09.2023 and paid by the respondent no. 08 even though no work was carried out at the said spot.

3/5

7. That a representation was made by the petitioner, before Superintendent of Police Economic Crime Unit, Bihar, Patna. Then a request was made by the Superintendent of Police (Administration) Economic Crime Unit, Bihar, Patna vide letter no.

3008, dated 18.04.2024 addressed to the respondent no. 03 to get the matter raised by the petitioner enquired and also to take appropriate action. Thereupon, the Deputy Development Commissioner, Nalanda was directed to make enquiry on the allegation of the petitioner regarding embezzlement of the public money in construction of community hall in Ward No. 08 of village Katridih vide letter no.

2669, dated 28.06.2024. In pursuance to that obtaining the enquiry report from the D.P.R.O. Nalanda vide letter no. 1889, dated 30.09.2024, the D.D.C Nalanda submitted his report vide letter no. 222, dated 11.03. 2025 with his opinion. Then report of D.D.C Nalanda was sent to Superintendent of Police (Administration) Economie Crime Unit, Bihar, Patna vide letter no. 1587, dated 04.04.2025 issued by the respondent District Magistrate, Nalanda.

8. That it is observed by the D.D.C.

Nalanda in the aforesaid report that

4/5 although the scheme for construction of community hall was recommended, by the Hon'ble M.L.A, Asthawana Assembly Constituency-171 earlier and the same was approved and work order issued for implementation over the land bearing Khata No. 194. Khesra No 5514, but in the meantime the Hon'ble M.L.A made change in work site and recommended to construct the community hall over the land bearing Khata No. 226, Khesra No.

3920 gifted by the one Kishori Devi, W/O Late Dr. Parmanand Pandey. On being asked the District Planning Officer vide letter no. 1635, dated 25.10.2024 submitted a report mentioning therein that the said change in work site was not communicated to his office as a result no correction was made in the concerned record. Since the said scheme has been implemented on recommendation of the Hon'ble MLA and against that no objection was made by the land lord as well as the work of the scheme carried out as per estimate by the L.A.E.O, allegation made by the petitioner is not proved."

3. Considering the fact that the construction of the community hall has already been completed and is serving

5/5 public interest, no further order is required to be passed in this writ petition.

4. Accordingly, the writ petition stands dismissed.

5. Pending application(s), if any, shall also stands disposed of.

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