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Jharkhand High Court
Sony Kumari vs The State Of Jharkhand Represented By ... on 16 February, 2026
Author: Rajesh Shankar
Bench: Rajesh Shankar
Neutral Citation No. 2026:JHHC:4315-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 4071 of 2024
SONY KUMARI, aged about 36 years, wife of Gopal Kumar, resident
of C-205, Pradhan Mantri Awas Yojana, Kolghatti, near E.V.M. house,
Kolghatti, P.O. and P.S. Hazaribagh, District- Hazaribagh.
... Petitioner
Versus
1. The State of Jharkhand represented by its Chief Government
Secretary, Ranchi, P.O.- Doranda, of Jharkhand, P.S.
Jagannathpur, District Ranchi.
2. The Principal Secretary, Urban and Housing Department,
Government of Jharkhand, P.O.-Doranda, P.S. Jagannathpur,
District- Ranchi
3. The Deputy Commissioner, P.O., P.S. + District Hazaribagh.
4. Municipal Commissioner, Hazaribagh Municipal Corporation, P.O.,
P.S. + District- Hazaribagh.
5. The Superintendent of Police, P.O., P.S. + District- Hazaribagh.
6. The Secretary, Ministry of Housing and Urban Affairs, Government
of India, HFA Directorate, Nirman Bhawan, P.O. and P.S., and
District-New Delhi.
7. Sapna Joshi, care of Guardian- Raghunath Ram, resident of Flat
No. H-104, Block-H, PMAY, Vertical Flat 3, Kolghatti, District-
Hazaribagh.
8. Sweta Kumari Rana, Daughter of Niranjay Rana, resident of Flat
No. 108, Block-A, PMAY, Vertical Flat 3, Kolghatti, District-
Hazaribagh.
9. Soni Rana, wife of Pankaj Kumar Rana, resident of Flat No.102,
Block-H, PMAY, Vertical Flat 3, Kolghatti, District- Hazaribagh.
10. Kamal Kumari, wife of Vikash Rana, resident of Flat No.103,
Block-B, PMAY, Vertical Flat 3, Kolghatti, District- Hazaribagh.
11. Shanti Devi, wife of Shiv Prasad Singh, resident of Flat No.105,
Block-E, PMAY, Vertical Flat 3, Kolghatti, District- Hazaribagh.
12. Ajay Kumar Singh, son of Shiv Prasad Singh, resident of Flat
No.104, Block-E, PMAY, Vertical Flat 3, Kolghatti, District-
Hazaribagh.
13. Pritam Kumar Soni, son of Dasrath Prasad Soni, resident of Flat
No.107, Block-E, PMAY, Vertical Flat 3, Kolghatti, District-
Hazaribagh.
Page 1 of 6
Neutral Citation No. 2026:JHHC:4315-DB
14. Pradip Kumar Soni, son of Dasrath Prasad Soni, resident of Flat
No.306, Block-E, PMAY, Vertical Flat 3, Kolghatti, District-
Hazaribagh.
15. Shweta Sinha, care of guardian Sanjay Kumar Sinha, resident of
Flat No.407, Block-G, PMAY, Vertical Flat 3, Kolghatti, District-
Hazaribagh.
16. Punam Sinha, care of guardian Sanjay Kumar Sinha, resident of
Flat No.204, Block-B, PMAY, Vertical Flat 3, Kolghatti, District-
Hazaribagh.
17. Raju Kumar Yadav, son of Sitaram Yadav, resident of Flat No.303,
Block-B, PMAY, Vertical Flat 3, Kolghatti, District- Hazaribagh.
18. Sunita Devi, wife of Shankar Kumar Das, resident of Flat No.109,
Block-A, PMAY, Vertical Flat 3, Kolghatti, District- Hazaribagh.
19. Ajay Kumar, son of Gouri Shankar Prasad, resident of Flat
No.203, Block-G, PMAY, Vertical Flat 3, Kolghatti, District-
Hazaribagh.
... Respondents
---------
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
---------
For the Petitioner: Mrs. Neha Bhardwaj, Advocate
For the UOI: Mr. Radhe Krishna Gupta, C.G.C.
Mrs. Pinky Shaw, C.G.C.
For Resp. No.4: Mr. Ranjit Kumar, Advocate
For Private Resps: Mr. Harsh Chandra, Advocate
For the Respondents: Mr. Sahbaj Akhtar, A.C. to A.A.G.-III
---------
10/Dated: 16.02.2026
1. Heard learned counsel for the parties.
2. The petitioner complains that the allotment of flats allotted to
respondent nos.7 to 19 under the Pradhan Mantri Awas Yojna (Urban)
in Hazaribagh district are illegal, because, the allottees do not fulfill
the criteria prescribed under the Awas Yojna.
3. She submits that despite her complaint dated 25.06.2021,
which was followed up by other complaints, the Municipal
Commissioner of Hazaribagh (R-4), who has made the allotments, is
Neutral Citation No. 2026:JHHC:4315-DB
not even looking into the petitioner's complaints. She submits that
instead, a show-cause notice has been issued to the petitioner
alleging that the allotment made to her is illegal and improper.
4. Learned counsel for the respondents submit that it is only after
illegalities were noticed in the allotment made to the petitioner and the
show-cause notices were issued to the petitioner on 07.06.2024 and
24.06.2024, then the petitioner has chosen to file this petition by
styling the same as a 'Public Interest Litigation'. They submit that this
is not a bona fide Public Interest Litigation, but the same has been
instituted only to prevent the adjudication of the of the show-cause
notices issued against the petitioner.
5. Learned counsel for the respondents submit that based upon
the petitioner's complaints, a Committee was constituted which has
looked into the complaints made by the petitioner, but found no merit
in the same. Copies of some enquiry reports have been annexed
along with the counter filed by the respondents.
6. We have heard the learned counsels for the parties and
perused the material on record.
7. At the outset, we have perused the enquiry report annexed to
the counter and we are not satisfied that this was some serious or
detailed enquiry into the complaints of the petitioner. The report, prima
facie, concerns only one family, though the petitioner's allegation is
that the allotments made to respondents 7 to 19 are illegal and infirm.
8. In any event, the enquiries have not been made by the
Municipal Commissioner, but by some Committee. The Committee
has also based its conclusions on enquiries with some of the
Neutral Citation No. 2026:JHHC:4315-DB
neighbours. The enquiry was extremely cursory and inspires no
confidence.
9. Accordingly, the interest of justice as also public interest would
be best served if the Municipal Commissioner enquires into the
petitioner's complaints regarding allotment of flats to respondent nos.7
to 19. In such an enquiry, even the petitioner should be heard, so that
she can elaborate upon her allegations and also offer proof in support
of her contention. The Municipal Commissioner must pass a reasoned
order after hearing the petitioner, the parties against whom allegations
have been made by the petitioner, and the officials who may have
been involved in the allotment, including those who prepared notes,
checklists, and certificates of eligibility. This exercise must be
completed within six months of today.
10. The petitioner has been making complaints since 2021. The
petitioner has also applied for information under the Right to
Information Act regarding the allotments. Therefore, the respondents'
contention that this petition was filed only after the show-cause
notices were issued to the petitioner may not be correct. The petition
may have been filed after the receipt of show-cause notices, but the
petitioner's complaints were prior in point of time. The petitioner was
pursuing the complaints with the authorities, and this petition was filed
only because the authorities were not taking the petitioner's
complaints seriously or acting based on the same.
11. Learned counsel for the petitioner submits that show-cause
notices were issued to the petitioner because the petitioner was
Neutral Citation No. 2026:JHHC:4315-DB
pursuing her complaints, and that there is nothing illegal in the
allotment made to the petitioner.
12. At this stage, we are not addressing the merits of the
complaints against the petitioner. The above observations are
intended solely to refute the respondents' contention that this petition
should not be entertained. Even the complaints against the petitioner
or the show-cause notices against the petitioner must be pursued.
Because if there is any illegality in the allotment of the flat, even to the
petitioner, then the Municipal Commissioner is obliged to look into the
same and take action in accordance with law.
13. The allotments under such a scheme are made as a measure of
social welfare. Therefore, there must be complete transparency in
such allotments, and only those eligible for such allotments shall
receive the benefits thereof. The authorities responsible for operating
such schemes must, therefore, ensure that only persons eligible
under the scheme, or who fulfil the terms and conditions prescribed
under the scheme, obtain the benefit of allotments. Even if complaints
are made regarding foul play, the allotting authorities must investigate
such complaints and, if there is merit, take action as permitted by law.
14. Accordingly, we dispose of this petition by directing that the
petitioner's complaints against respondents 7 to 19 must be
investigated by the Municipal Commissioner and disposed of within
six months from today. The petitioner and respondents 7 to 19 must
be given an opportunity to be heard, and a reasoned order must be
passed by the Municipal Commissioner. Copies of such a reasoned
Neutral Citation No. 2026:JHHC:4315-DB
decision should be made available to all the parties, including the
petitioner.
15. Similarly, the show-cause notices issued to the petitioner must
also be adjudicated upon by the Municipal Commissioner himself. If
any of the respondents 7 to 19 wish to participate in such
adjudication, they should be allowed to do so. Even here, a reasoned
order should be passed and communicated to the parties. The show-
cause notices must be disposed of within six months from today.
16. The Municipal Commissioner may, in fact, investigate into the
petitioner's complaints and the show-cause notices issued to the
petitioner in a single proceeding. Parties should be afforded the
opportunity to file further responses, evidence, and other materials. In
general, the principles of natural justice must be complied with, and a
reasoned order must be passed by the Municipal Commissioner.
17. This Court has not examined the merits of the rival contentions;
therefore, all contentions regarding the merits of the complaints and
the cross-complaints are left open for decision by the Municipal
Commissioner in the first instance.
18. This petition is disposed of in the above terms without any costs
order. All concerned are to act on an authenticated copy of this order.
(M. S. Sonak, C.J.)
(Rajesh Shankar, J.)
February 16, 2026
N.A.F.R.
Manoj/ Sharda/Cp.2
Uploaded on 17-Feb-26
