Sudhir Kumar Ishwar @ Sudhir Kumar vs The State Of Bihar
2023 Latest Caselaw 5193 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9268 of 2023
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Sudhir Kumar Ishwar @ Sudhir Kumar Son of Late Madhu Kant Ishwar, Resident of Gram Panchayat Raj, Burheb Inaitpur,P.S- Ghanshyampur, District- Darbhanga.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna.

2. The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3. The District Magistrate, Darbhanga.

4. The Deputy Development Commissioner, Darbhanga.

5. The Sub Divisional Officer, Biraul, Darbhanga.

6. The Circle Officer, Ghanshyampur, Darbhanga.

7. The Block Development Officer, Ghanshyampur, Darbhanga.

8. The Then Gramin Awas Assistant under B.D.O., Ghanshyampur, Darbhanga.

9. Sri Ravindra Kumar Prasad,Present Gramin Awas Assistant, Under B.D.O-

Ghanshyampur, Distt- Darbhanga.

10. Sri Amar Mukhia Present Assistant Clerk- Block-Ghanshyampur, District-

Darbhanga.

11. Hari Kishan, Gramin Awas Assistant, Ghanshyampur, Dist- Darbhanga.

12. Sri Hari Krishna Chaudhary, Present Gramin Awas Assistant, Benipur, District- Darbhanga.

13. Mohd. Rahamattulla Ansari, Present Assistant Ghanshyampur, District-

Darbhanga.

14. Sri Satya Prakash Singh, Gramin Awas Prawaysak, Ghanshyampur,District-

Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Saroj Kumar, Advocate For the Respondent/s : Mr.Kapileshwar Prasad Yadav (GP- 11) Mr. S.C. Bhasakar, Advocate Ms. DimpalKumari, AC to GP-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-10-2023 Patna High Court CWJC No.9268 of 2023 dt.10-10-2023

The petitioner has filed the above Public Interest

Litigation seeking appropriate action against the respondent Nos

7 and 8 for their deliberate inaction in providing assistance

under the Prime Minister Housing Scheme to eligible persons

and disbursing it to ineligible person. The petitioner also

claimed in the writ petition that these irregularities were pointed

out in Annexure-1 before the District Magistrate, Darbhanga

which was not at all considered by the authorities.

2. A Counter affidavit is filed on behalf of the

respondents No. 3, 4, 5 and 7 dated 17.8.23. In the counter, it is

pointed out that the SDO, Birraul has submitted Annexure-3

enquiry report before the Sub-Divisional Public Grievance

Redressal Officer, Biraul, Darbhanga. The S.D.O. has also made

a report to the Deputy Development Commissioner (DDC),

Darbhanga who issued notice to the Block Development

Officer, Ghanshyampur as per Annexure A and A1. Annexure B

series was also forwarded by DDC, Darbhanga to the S.D.O.,

Biraul for report which has been responded to by Annexure-C

and C1.

3. The report of the DDC, Darbhanga filed before a

Sub-Divisional Public Grievance Redressal Officer, Biraul was

extracted in the counter affidavit. We directed an English Patna High Court CWJC No.9268 of 2023 dt.10-10-2023

translation to be provided which has been placed on record

along with the supplementary affidavit dated 4.10.2022. We see

that the DDC has dealt with specific instance of irregularities

found in the disbursal of Pradhan Mantri Awas Yojana under

Budhev Inayatpur Panchayat. The petitioner herein has also

been referred to as, the person who pointed out many of these.

Explanations were called for and recoveries made from certain

persons. In fact, all this material has been placed before the

District Magistrate, Darbhanga which is the District Appellate

Authority from the Public Grievance Redressal Cell.

4. A reply affidavit has been filed, raising a number

of contentions and also alleging that there is no punitive action

taken against the erring Officials.

5. We are of the opinion that when the matter is

seized of by the District Magistrate, who is also the Appellate

Authority under the Public Grievance Redressal Scheme, there

is no scope for a Public Interest Litigation. The matter having

been taken up before one authority, we are not inclined to

entertain the petition and we close the same; making it clear that

we have not said anything on the merits of the issues projected

before the District Appellate Authority which has to be

considered by the said authority. The Public Interest Litigation Patna High Court CWJC No.9268 of 2023 dt.10-10-2023

is closed.

(K. Vinod Chandran, CJ)

( Rajiv Roy, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          12.10.2023
Transmission Date