Patna High Court
Rajesh Kumar Yadav vs The State Of Bihar on 10 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14407 of 2023
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1. Rajesh Kumar Yadav son of Late Deep Narayan Yadav, Resident of Village-
Turki Ward No. 2 Police Station-Simari Bakhatiyarpur, Distt.-Saharsa.
2. Md. Imran, son of Idrish, Resident of Village-Tariyama, Ward No. 12
(Nusrath Chakla), Police Station-Simari Bakhatiyarpur, Distt.-Saharsa.
3. Randhir Kumar, son of Parmeshwar Sahu, Resident of Village-Tariyama,
Ward No. 8, Police Station-Simari Bakhatiyarpur, Distt.-Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Rural
Development, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Rural Development, Govt. of Bihar,
Patna.
3. The Director, Department of Rural Development, Govt. of Bihar, Patna.
4. The Lokpal MANREGA District Rural Development Saharsa.
5. The District Magistrate, Saharsa.
6. The Programe Officer MANREGA, Simari Bhakhatyapur, Saharsa.
7. The Panchayat Secretary, Tatiyama Gram Panchayat, Simari Bhakhatiyarpur,
Saharsa.
8. The Accountant MANREGA, Simari Bakhtiyarpur, Saharsa.
9. The Mukhiya, Gram Panchayat Tariyama, Simari Bakhtiyarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prafull Chandra Thakur, Advocate
For the Respondent/s : Smt. Binita Singh, SC-28
Mr. Nishant Jha, AC to SC-28
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJIV ROY
Date : 10-10-2023
The present Public Interest Litigation has been
preferred by the writ petitioners for a direction upon respondent
authorities to enquire into the financial irregularities being done
by the State agency under " MANREGA" scheme at Tatiyama
Gram Panchayat, Simari Bakhtiyar, Saharsa.
2. The petitioners claim themselves to be social
Patna High Court CWJC No.14407 of 2023 dt.10-10-2023
workers espousing the cause of the common people. They claim
that Mahatama Gandhi National Rural Employment Guarantee
Act, 2005 (henceforth for short 'the MANREGA') is the scheme to
provide 100 days Guaranteed Wage Employment in every
financial year.
3. Further case is that the Union Rural Development
Ministry has given number of schemes that can be taken up under
'the MANREGA' which are as follows:
(i) rural drinking water project;
(ii) agriculture and allied activities;
(iii) rural sanitation project;
(iv) irrigation and flood management
works;
(v) live stock related works;
(vi) fisheries;
(vii) construction of Anganwari center
etc.
4. The allegation in the writ petition is that the local
respondents are misappropriating 'the MANREGA' fund which
has been brought to the notice to the Lok Pal under District Rural
Development Agency, Saharsa who also wrote a letter to the
Commissioner, 'the MANREGA', Rural Development Department,
Patna High Court CWJC No.14407 of 2023 dt.10-10-2023
Bihar, Patna vide letter no. 88-1 dated 21.4.2023 drawing his
attention to the representation of the petitioners.
5. We have gone through the contents of the writ
petition. The petitioners have chosen to make allegation against
number of persons/respondent authorities and no document is on
record to substantiate the claim/allegation made therein. Further,
none of them have been made party respondent in this case so that
they can respond to the allegation(s).
6. If the petitioners have documents, the same can be
annexed with the complaint duly put on affidavit and can be
submitted before the appropriate authority, the Vigilance
Department, Bihar, Patna. Instead, on the vague allegation and
without any single document to support the same, this petition
has been filed.
7. The writ petition is misconceived, bereft of merit
and is accordingly dismissed.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Ravi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.10.2023
Transmission Date
