Dr. Raghubansh Prasad Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9306 of 2016 =========================================================== Dr. Raghubansh Prasad Singh, Son of Late Ram Brichh Singh, resident of 143, Kautilya Nagar, Police Station - Airport, District - Patna. .... .... Petitioner/s

Versus

1. The Union of India.

2. The Principal Secretary, Ministry of Rural Development, Government of India, New Delhi.

3. The Director (R.C.), Department of Rural Development (R.C.Division), Ministry of Rural Development, Government of India, New Delhi.

4. The State of Bihar.

5. The Principal Secretary, Department of Rural Development, Government of Bihar, Vishveshwaraiya Bhawan, Bailey Road, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Suresh Kumar, Advocate For the Union of India : Mr. S. D. Sanjay, A.S.G.

Mr. Anshay Bahadur Mathur, CGC For the State : Mr. S. D. Yadav, AAG IX =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 18-03-2017 Inter alia contending that the petitioner is a public spirited person and the Union of India has changed its policy with regard to granting financial assistance under the Pradhan Mantri Gram Sadak Yojna and further contending that the changed policy is adverse to the interest of the State of Bihar, petitioner has filed this writ petition. The Scheme in question, namely the Pradhan Mantri Gram Sadak Yojna, is an executive Scheme formulated by the Union of India for development of infrastructure facility. It is not guided by any

Patna High Court CWJC No.9306 of 2016 dt.18-03-2017 2/2 statutory rules or regulations or any provision having a force of law and therefore the Scheme or its provisions cannot be enforced by a Writ Court. It is a policy decision of the Union of India and, therefore, we are not inclined to interfere into such a policy decision of the Union. The petitioner may take up the matter the administrative or executive side before the Government of India and it is for the Government of India to consider the grievance of the petitioner.

The issue being beyond the scope of judicial review, in a petition under Article 226 of the Constitution of India, we dispose of the writ petition at this stage without notice to the respondents. (Rajendra Menon, CJ) (Sudhir Singh, J) Sunil/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.03.2017 Transmission Date