Patna High Court
Mahendra Kumar Sharma vs The Union Of India on 14 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2134 of 2025
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Mahendra Kumar Sharma, Son of Dhaneshwar Sharma, Resident of New
Colony, Ward No.9, Nagar Parishad Saharsa, District- Saharsa, Bihar-852201.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Housing and Urban
Affairs, Government of India.
2. The Joint Secretary and Mission Director in charge of Pradhan Mantri Awas
Yojana, (Urban)- Housing for All, Ministry of Housing and Urban Affairs.
3. The State of Bihar, through the Principal Secretary, Urban Development and
Housing Department, Bihar, Patna.
4. The Chief Secretary, Urban Development and Housing Department, Bihar,
Patna.
5. The Convener, Pradhan Mantri Awas Yojna, Govt. of Bihar, Patna.
6. The State Nodal Officer, Pradhan Mantri Awas Yojna (Urban), Bihar.
7. The Municipal Commissioner, Saharsha Municipal Corporation, Saharsa.
8. The Mayor, Saharsa Municipal Corporation, Saharsa.
9. The District Magistrate, Saharsa.
10. Ravi Raj, Municipal Civil Engineer, Saharsa.
11. Deepak Roy, Management Information System Specialist, Awas Nagar
Nigam, Saharsa.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kumar Srivastava, Advocate
Mr. Ravi Raj, Advocate
Mr. Aditya Raj Singh, Advocate
Ms. Rana Veer Prawar, Advocate
For the Respondent/s : Mr. Kumar Gangesh Gunjan, CGC
Mr. Abhay Shanker Singh, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 14-02-2025
After some arguments, the learned counsel for
the petitioner withdraws the prayer Nos. 1, 2 and 4, and
Patna High Court CWJC No.2134 of 2025 dt.14-02-2025
only presses prayer No. 3, viz., the issuance of writ in the
nature of mandamus for commanding the respondents to
make proper inquiry by an independent agency with
respect to the irregularities in the list of priorities for
beneficiaries for allotment of Pradhan Mantri Awas for the
said district of Saharsa.
2. The accusation levelled by the petitioner in
this writ petition is that non-deserving people, having
sufficient financial strength and possessing houses in the
area have been made beneficiaries to the exclusion of
others who needed to be and would have benefitted, if the
scheme were properly implemented.
3. Notwithstanding the fact that a general and
vague statement has been made about such irregularity in
the writ petition, we deem it appropriate in the present
circumstance to direct that in case the petitioner would
point out such irregularities to the District Magistrate of
the district, he would at least go through it; make an
inquiry at his level and have it rectified. In case the
Patna High Court CWJC No.2134 of 2025 dt.14-02-2025
accusation is found to be incorrect, the same also shall be
intimated to the petitioner.
4. We, therefore, permit the petitioner to
approach the District Magistrate of Saharsa with specific
instances of wrong persons having been made
beneficiaries of Pradhan Mantri Awas Yojna, in which case
the District Magistrate shall have it inquired and shall
intimate the petitioner through post and telephonically
about the action taken in this regard.
5. With the aforenoted direction, the writ
petition stands disposed of.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Anushka/Rajesh
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.02.2025
Transmission Date
