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2026 DAILYLAW 28104 (CHH)

BIHARI LAL SONI v. STATE OF CHHATTISGARH

WPC/3626/2022 · 2026-07-20

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010267462022 2026:CGHC:30890 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3626 of 2022 Bihari Lal Soni S/o Late Shri Khyali Ram Soni Aged About 77 Years Working As Social Activist, R/o Darri Road Korba, District : Korba, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development Mantralaya Mahandi Bhawan, Police Station And Post Rakhi, Atal Nagar, New Raipur Chhattisgarh. 2 - The Collector Korba, District : Korba, Chhattisgarh 3 - The Chief Executive Officer Jila Panchayat Korba, District : Korba, Chhattisgarh 4 - The Chief Executive Officer Janpad Panchayat Korba, District : Korba, Chhattisgarh 5 - Chandra Shekhar Manjhwar Ex Awas Mitra Presently Sarpanch Gram Panchayat Karumouha Janpad Panchayat Korba, Block Korba, District Korba Chhattisgarh. 6 - Narendra Sahu, The Then Technical Assistant, Janpad Panchayat Korba, Block Korba, District Korba Chhattisgarh. 7 - Kaleshwar Chouhan, The Then Block Coordinator, Janpad Panchayat Korba, Block Korba, District Korba Chhattisgarh. 8 - Lambodar Kaushik, The Then Block Coordinator, Janpad Panchayat Korba, District Korba Chhattisgarh. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.22 10:10:48 +0530 2 9 - Meghnath Vishwakarma, Civil Contractor, Gram Panchayat Simkenda, Janpad Panchayat Korba, Block Korba, District Korba Chhattisgarh. 10 - Lakhan Lal Baiga, Civil Contractor, Gram Panchyat Shyang, Janpad Panchayat Korba, Block Korba, District Korba Chhattisgarh. 11 - Raja Ram Chouhan, Civil Contractor, Gram Panchayat Simkenda, Janpad Panchayat Korba, Block Korba, District Korba Chhattisgarh. 12 - Miss Kiran Mahant, Rojgar Sahayak, Gram Panchyat Solwa, Janpad Panchayat Korba, Block Korba, District Korba Chhattisgarh. 13 - Prakash Chouhan, Rojgar Sahayak, Gram Panchayat Syang, Janpad Panchayat Korba, Block Korba, District Korba Chhattisgarh. 14 - Chamra Ram, Rojgar Sahayak, Gram Panchayat Simkenda, Janpad Panchayat Korba, Block Korba, District Korba Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ajay Kumar Barik, Advocate For State : Mr. Shobhit Mishra, Dy. G.A. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 21.07.2026 1. By filing the present writ petition under Article 226 of the Constitution of India, the petitioner has called in question the order dated 11.07.2022 (Annexure P/1) passed by respondent No.4 and has further sought a direction to the respondent authorities to recover the amount allegedly embezzled under the Pradhan Mantri Awas Yojana (Rural) and to initiate appropriate criminal proceedings against the private respondents. The petitioner has prayed for following relief(s) :- 3 “10.1 That this Hon'ble Court may kindly be pleased to direct to the respondent authorities No. 1 to 4 to recover entire amount of money and issue criminal proceedings against the private respondent ie. 5 to 14 and clear stricture be passed against the private respondents. 10.2 That this Hon'ble Court may kindly be pleased to set aside/quashed the impugned order dated 11/07/2022 and direct the respondents No.1 to 4 to ensure before the courts for initiation of criminal proceedings against the private respondent from 5 to 14 for embezzlement of public money. 10.3 Any other relief this Hon'ble Court deem fit just and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.” 2. Brief facts of the case are that the petitioner, claiming to be a social activist, alleges large-scale misappropriation of public funds meant for construction of dwelling units under the Pradhan Mantri Awas Yojana (Rural)/MGNREGA in Gram Panchayats Simkenda, Shyang and Solwa. It is the case of the petitioner that this is the second round of litigation and, despite the earlier order passed by this Court in W.P.(C) No.1849/2022 and various communications issued by the competent authorities, including letters directing recovery of the amount and initiation of appropriate action, 4 effective steps have not been taken against the persons responsible for the alleged irregularities. 3. Learned counsel for the petitioner submits that the material placed on record, including the enquiry report and the communications issued by the competent authorities, clearly disclose serious financial irregularities in implementation of the scheme. It is submitted that though certain directions have already been issued by the authorities, no effective follow-up action has been taken for recovery of the misappropriated amount or for initiating proceedings against the persons concerned. He, therefore, prays that appropriate directions be issued to the competent authority to take action in accordance with law. 4. On the other hand, learned State counsel submits that the competent authorities have already taken cognizance of the matter and various communications have been issued from time to time regarding completion of the houses under the Pradhan Mantri Awas Yojana (Rural) as well as for taking appropriate action. It is submitted that the competent authority shall proceed further in accordance with law. 5. I have heard learned counsel appearing for the parties and perused the documents available on record. 6. Considering the facts and circumstances of the case and taking into consideration the documents annexed with the writ petition, this Court is of the opinion that it would be appropriate to direct 5 the Chief Executive Officer, Zila Panchayat, Korba, to examine the grievance of the petitioner in the light of the documents placed on record and proceed further strictly in accordance with law. Since the record indicates that the concerned Chief Executive Officer has already issued certain communications in relation to completion of houses under the Pradhan Mantri Awas Yojana (Rural), the said authority is directed to take appropriate further steps after issuing notice to all concerned persons and after affording them an opportunity of hearing, if so required under law. 7. The petitioner is directed to submit an appropriate representation/application before the Chief Executive Officer, Zila Panchayat, Korba, along with a certified copy of this order and all relevant documents, within a period of two weeks from today. On receipt of such application, the concerned authority shall consider the same and take appropriate action expeditiously in accordance with law. 8. With the aforesaid observations and directions, the present writ petition stands disposed of. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Yogesh