Patna High CourtCR. MISC./44806/2015disposed

Hari Das v. The State Of Bihar

2015-11-04Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44806 of 2015 ======================================================

1. Hari Das S/o Late Dharamraj Das resident of village- Baluwa Bhagat tola, P.S. Paharpur, District- East Champaran, Motihari .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 04-11-2015 This application has been filed by Hari Das, seeking modification of the order dated 22-5-2015 passed in Cr.Misc. No. 23099 of 2015 and analogous cases.

The petitioner states that he had received Rs. 45000/- to make a house under the Indira Awas Yojna. The house was made on his own land. His grievance is that this Court while disposing of the earlier application has noted that he has wrongly received the allotment of the house and he should return the same. That may not be possible because the house was built upon his own land. He is ready to refund the entire money that was paid to him i.e., Rs.45,000/-.

Having considered the matter, in my view, these matters cannot be investigated by this Court in these proceedings. It would

Patna High Court Cr.Misc. No.44806 of 2015 (2) dt.04-11-2015 2/2 be open for the petitioner to surrender in the court below, and satisfy the court below that it is upon his land that the house was built with the money taken from Indira Awas Yojna, and that he has since refunded the entire money of Rs.45,000/- to the Government, as received.

Upon consideration of those facts, the court below will consider the application without being prejudiced by this order and pass orders accordingly. To that extent the order passed earlier stands modified. The petitioner may surrender within four weeks from today.

(Navaniti Prasad Singh, J) B.K.Roy/- U