1 2025:CGHC:31485-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 375 of 2025 Parasram Sahu S/o Shri Panduram Sahu Aged About 72 Years Cultivator And Village Patel, R/o Village Nandal, P.C. No. 47, Tahsil Nawagarh, District Bemetara Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development Mahanadi Bhawan, Mantralaya, Atal Nagar, District Raipur Chhattisgarh 2 Commissioner Durg Division, District Durg Chhattisgarh 3 Collector District Bemetara Chhattisgarh 4 Chief Executive Officer District Panchayat, Bemetara Chhattisgarh 5 Sub Divisional Officer (Rev) Tahsil Nawagarh, District Bemetara Chhattisgarh 6 Amolakchand Sahu Former Sarpanch, Gram Panchayat Nandal, Janpad Panchayat Nawagarh, District Bemetara Chhattisgarh 7 Malikram Lahare Former Secretary, Gram Panchayat Nandal, Janpad Panchayat Nawagarh, District Bemetara Chhattisgarh ... Respondent(s) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.10 10:21:38 +0530 2 For Petitioner : Mr. Syed Afaque Hussain Rizvi, Advocate. For Respondents/State : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 09.07.2025 1. Heard Mr. Syed Afaque Hussain Rizvi, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, Dy. G.A. appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “(I0.1) Issue a writ of mandamus or any other appropriate writ, order or the direction to the Respondents, respondent No.3 to 5. to immediately initiate and complete a thorough, impartial, and time- bound investigation into the allegations of construction fraudulent embezzlement of funds by respondent No.6 & 7. and 10.2) Direct the Respondent authorities to submit a comprehensive investigation report to this Hon'ble Court within a stipulated time frame, preferably within 30 days, detailing the findings and the actions taken against the alleged perpetrators. 3 103) Direct the initiation of disciplinary proceedings against the officials found responsible for the deliberate delay and inaction in conducting the investigation, including the Sub-Divisional Officer, Navagarh, and any other conniving officials. 10.4) Direct an inquiry into the circumstances surrounding the memo dated 19.01.2024 issued by the respondent No.4 to respondent. No.3 Collector. attempting to close the complaint and request its deletion, specifically examining why such a conclusion was reached despite existing evidence and subsequent directives for further investigation. 10.5) Declare that the prior "resolution" of the complaints by the Office of Lokpal, MNREGA, as stated in the District Panchayat's memo, is insufficient and does not preclude a comprehensive re- investigation, especially in light of new and existing contradictory evidence and the persistent inaction of responsible officers 10.6)Pass any other order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, to ensure that justice is served and public funds are protected. 3. The facts of the case in brief is that, the petitioner is 4 septuagenarian and is engaged in the job of PATEL in Village Panchayat Nandal since last more than five decades and as such he keeps eye in all the works connected with the development of Village Panchayat Nandal. In this Village Panchayat there are three villages Le Nandal, Ghatoli and Kharhari village. Further, under the Mahatma Gandhi National Rural Employment Guarantee Act as many as 32 works were sanctioned for Village Panchayat Nandal during the year 2011-2012 by Janpad Panchayat, Nawagarh and Programme Officer, Mahatma Gandhi National Rural Employment Guarantee Act, Janpad Panchayat Nawagarh, District Bemetara (C.G.) in that period of entire works the respondent No.6 was the Sarpanch and respondent No.7 was the Secretary of Village Panchayat Nandal but a lot of fake works/ irregularities were done inasmuch as 12 works out of total 19 works by both of them in collusion with the connected officials of Janpad Panchayat Nawagarh and also the officials engaged for Mahatma Gandhi National Rural Employment Guarantee at Village Panchayat Nandal but the aforesaid persons and the concerned authorities have successfully prepared false Measurement Books (MB) and embezzled the funds so that no irregularities are detected in the investigation. For these irregularities most of the villagers are witnesses including the petitioner and they gave their statements before the concerned authority/Naib Tehsildar at the time of enquiry.. As the petitioner being Patel of Village Nandal has every knowledge about all the works being done or not done by the Gram Panchayat so he found many irregularities in the above mentioned works hence he made various 5 complaints before the respondent authorities against the fake works/irregularities. 4. Learned counsel for the petitioner submits that this petition has not been filed against any specific order but for appropriate direction to the respondent authorities to initiate and complete a thorough and time- bound investigation into allegations of fraudulent construction and embezzlement of crores of rupees by the private respondent No.6 & 7 in Gram Panchayat Nandal, Janpad Panchayat Navagarh in the year 2012, and for appropriate action against the erring officials for their deliberate inaction and connivance in delaying the investigation. He further submits that he has also submitted several representations but no action has been taken by the authority. 5. On the other hand, learned State counsel opposes the submissions made by learned counsel for the petitioner and submits that proper proceedings are being followed. He further refers to Annexure P-5 the investigation report submitted by the Naib Tahsildar, Nawagarh dated 23.06.2020 wherein no allegations have been proved and further refers to memo dated 19.01.2024 (Annexure P-6) wherein it has been stated that complaints made by the petitioner has already been inquired by the competent authorities and due to lack of evidence the complaint has been closed. 6. We have heard learned counsel for the parties, considered their rival submissions made hereinabove and also went through the records with utmost circumspection. 6 7. From perusal of the records, it transpires that petitioner has filed various complaints regarding embezzlement of public money by respondents No. 6 & 7. Further perusal of pleadings shows that a report dated 23.06.2020 has been submitted by the Naib Tahsildar, Nawagarh, wherein no allegations have been proved and further considering memo dated 19.01.2024 (Annexure P-6) wherein it has been stated that complaints made by the petitioner has already been inquired by the competent authorities and due to lack of evidence the same has been closed. Even in respect of alleged irregularities proper notice was issued to the Sarpanch to which he submitted his reply and the same has duly been considered by the MGNREGA Lokpal and the Superintendent Engineer and also the other authorities. After following the due process of law the respondent authorities categorically found that no allegations have been proved against the Gram Panchayat. Looking to the fact that complaints filed by the petitioner has already been inquired into by competent authorities and due to lack of evidence the complaints have been closed. We do not find any good ground to interfere in the present writ petition. 8. Accordingly, the writ petition being devoid of merit is liable to be and is hereby dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar