Patna High CourtCWJC/7691/2016disposed

Anil Kumar Mukund v. Honble Prime Minister Of India And ORS

2016-09-20Justice Smt. Anjana Mishra,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7691 of 2016 ====================================================== Anil Kumar Mukund, Son of Late Rit Narayan Lal Das, Resident of 1A/12, New Patliputra Colony, P.S. - Patliputra, District - Patna. .... .... Petitioner/s

Versus

1. Hon'ble Prime Minister of India, 7 R.C. Road, New Delhi.

2. Union of India, through Secretary, Department of Home Affairs, New Delhi.

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

4. The Secretary, Finance Central Government, New Delhi.

5. Hon'ble Chief Minister of Bihar, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Mukund (in Person) For the Union of India : Mr. S.D. Sanjay, Addl. S.G. Mr. Ram Anurag Singh, CGC For the State : Mr. Lalit Kishore, PAAG-1 Mr. Anshuman Singh, A.C. to PAAG-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Anil Kumar Mukund, the petitioner, who appears in person, and Mr. Lalit Kishore, learned Principal Additional Advocate General No.1, for the State. Heard also Mr. S.D. Sanjay, learned Additional Solicitor General, appearing for the Union of India.

With the help of this writ petition, made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, the petitioner seeks enforcement of the promise/announcement, which is claim to have been made by

Patna High Court CWJC No.7691 of 2016 (2) dt.20-09-2016 2/2 the Prime Minister of India, in August, 2015 i.e., Special Package of Rs.1.25 Lac Crore will be supplied to the State of Bihar, but no action or any part thereof has yet been paid. Suffice it to point out here that Article 226 of the Constitution of India cannot be invoked for the purpose of enforcing an announcement or a promise made by the Prime Minister of India.

The writ petition is, therefore, misconceived and is, accordingly, disposed of with the liberty given to the petitioner to take recourse to appropriate provision of law as may be permissible.

(I.A. Ansari,CJ) (Anjana Mishra, J) PNM U