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2026 Supreme(Online)(Pat) 4195
PATNA HIGH COURT
HONOURABLE , ACJ, HONOURABLE MR. RAJESH KUMAR VERMA, J
Sumit Kumar – Appellant
Versus
The State of Bihar & Ors. – Respondent
Civil Writ Jurisdiction Case No.15951 of 2025
For the Petitioner/s: Mr. Sanjay Kumar
For the Respondent/s: Mr. P.K. Shahi
Compliance with administrative directives is essential for the lawful execution of municipal agreements.
Headnote:This judgment concerns a Public Interest Litigation (PIL) seeking inquiry into financial irregularities by the outgoing Commissioner of Sitamarhi Municipal Corporation, violating prior government directives. The court noted non-compliance with procedural requirements and ordered a counter affidavit detailing proposed actions. The next hearing is scheduled for 27.01.2026.
| Table of Content |
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| 1. inquiry into financial irregularities by municipal authorities. (Para 1) |
| 2. request for counter affidavit due to non-compliance. (Para 2) |
| 3. direction for follow-up on case progress. (Para 3) |
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE)
5 06-01-2026 The present writ application has been filed in the form of a Public Interest Litigation (PIL) for the following reliefs:-
“i. For issuance of an appropriate writ/s, order/s, Direction/s to the respondents to hold inquiry with regard to the financial irregularity committed by outgoing Commissioner, Sitamarhi Municipal Corporation whereby and under in violation of Government Instructions issued on 07.06.2024 vide letter No. 1815 whereby and under a complete ban was imposed on the Municipal Commissioners in the State not to issue any NIT, if NIT had already been issued then no agreement would be executed without prior permission of the State but in violation of this direction the then Municipal Commissioner executed agreements with private agencies on 16.07.2024 and paid the amount to them without executing the work as per agreement which was illegal.
ii. For issuance of an appropriate writ/s, order/s, Direction/s to the respondents to recover the amount so paid during the period 16.07.2024 to 31.08.2025 to the Private Agencies who were selected by the outgoing Municipal Commissioner for garbage collection and dumping the same under the Integrated Solid Waste Management Scheme, since the Public Exchequer has been swindled by the Municipal Commissioner without prior permission of State Authorities as per letter dated 07.06.2024 and subsequent letters.
iii. To pass such other order/orders as your Lordships may deem fit and proper in the facts and circumstances of this case.”
2. Vide order dated 11.11.2025 and 09.12.2025, learned counsel for the State was required to file a counter affidavit, but till date same has not been filed. During the course of arguments today, learned counsel for the State seeks further time to file the same.
3. It is directed that the counter affidavit when filed, shall specifically disclose the action proposed to be taken against the then Commissioner, Sitamarhi Municipal Corporation in relation to the irregularities alleged to have been committed.
4. Put up this case on 27.01.2026.
(Sudhir Singh, ACJ)
