← Library
Patna High CourtCWJC/20622/2014disposed

Dorothy Fernandes v. The State Of Bihar And ORS

2016-05-12The Chief Justice,Mr. Justice Navaniti Prasad Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20622 of 2014 ======================================================

1. Dorothy Fernandes Daughter of Late Gabriel Fernandes Resident of 106, Holy Ganga Enclave, Fairfield Colony, P.S. Digha Ghat, Patna .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Secretariat, Patna

2. Urban and Housing Development Department through its Secretary, Patna Secretariat, Patna

3. The Principle Secretary, Urban Development and Housing, Government of Bihar, Patna

4. District Magistrate, Patna

5. Senior Superintendent of Police, Patna

6. Secretary, Ministry of Urban Development, Govt. of India, Nirman Bhavan, New Delhi - 110011 .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Prakash For the Respondent/s : Mr. Lalit Kishore (Paag) For the Union of India : Mr. Awadhesh Kumar Pandey ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 12-05-2016 Heard Mr. Amit Prakash, learned Counsel for the petitioner, and Mr. Lalit Kishore, learned Principal Additional Advocate General, appearing for the State-respondents. Heard also Mr. Awadhesh Kumar Pandey, learned Counsel for the respondent Union of India.

Having heard learned Counsel for the parties concerned and upon perusal of the materials available on record, we find, in the light of the counter affidavit, which has been filed in office on

Patna High Court CWJC No.20622 of 2014 (5) dt.12-05-2016 19.04.2016, by respondent Nos. 2 and 4, namely, Urban and Housing Development Department through its Secretary, Patna Secretariat, Patna and the Principal Secretary, Urban Development and Housing, Government of Bihar, Patna, that out of total 28623 dwelling units, sanctioned against 28 projects of Integrated Housing and Slum Development Programme (hereinafter referred to as IHSDP) scheme, the work on 18951 dwelling units has already been started and as many as 4744 dwelling units have been completed by now and that under its letter no. F. No.N11027/63/2014-PPG/FTS-12160, dated 12.05.2015, Government of India has decided to extend date of completion of dwelling units under IHSDP scheme till 31.03.2017. The said letter has been annexed as Annexure-B to the counter affidavit. The State respondents have also furnished to this Court an action plan indicating therein that the works, which are undertaken by them under the scheme, would be completed by 15.03.2017.

In view of the above, we do not find that there is any further necessity to continue with this writ petition, which has been filed in the form of Public Interest Litigation. While, therefore, closing this Public Interest Litigation, we leave the petitioner with liberty to take recourse to relevant

Patna High Court CWJC No.20622 of 2014 (5) dt.12-05-2016 provisions of law if such a situation arises. With the above observations and directions, this writ application shall stand disposed of.

(I.A. Ansari, ACJ) (Navaniti Prasad Singh, J) A.I./- U