Dharmnath Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5223 of 2014 ====================================================== Dharmnath Mahto S/O Late Ramdhari Resident Of Village- Keshrama, P.S. Kurhni (Fakuli O.P.), District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State Of Bihar through its Secretary, Panchayati Raj Department, Bihar

2. The District Magistrate, Muzaffarpur.

3. The Superintendent of Police, Muzaffarpur.

4. The Block Development Officer, Block Kurhni, Muzaffarpur.

5. The Panchayat Secretary Fakuli, Block Kurhni, Muzaffarpur. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-10-2016 As a beneficiary under the Indira Awas Yojna, the petitioner was provided a sum of Rs. 30,000/- for construction of a house. The Block Development Officer by the impugned notice has called upon the petitioner to submit his explanation to the authority as to why in spite of the amount being provided, the house was not constructed. It further says that in the event of finding that the house was not constructed as per the Yojna, appropriate proceeding would be instituted against the petitioner.

The application seems to be premature as the respondents have yet to take a final decision in the matter. Even if a proceeding is instituted against the petitioner under the Bihar and Orissa Public Demand Recovery Act, he shall

Patna High Court CWJC No.5223 of 2014 (3) dt.17-10-2016 2/2 have an opportunity to file objection thereat in accordance with law.

Considering thus, the present writ application is dismissed.

(Kishore Kumar Mandal, J) HR/- U