Prakash Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.732 of 2017 =========================================================== Prakash Kumar Jha, Son of Late Shyamanand Jha, Resident of Village & P.O. - Ghoghardiha, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Panchayati Raj, Bihar, Patna.

3. The Principal Secretary, Department of Nagar Vikas and Awas, Bihar, Patna.

4. The Director General of Police, Bihar, Patna.

5. The Commissioner, Darbhanga Division, Darbhanga.

6. The District Magistrate, Madhubani.

7. The Sub-Divisional Officer, Phulparas Sub-Division, Madhubani.

8. The Senior Superintendent of Police, Madhubani.

9. Shri Shankar Jha, son of Late Mahendra Jha, the Chairman, Nagar Panchayat Ghoghardiha, District - Madhubani.

10. The Executive Officer, Nagar Panchayat Ghoghardiha, District- Madhubani.

11. Arhul Devi, Wife of Late Mahesh Kant Jha, Ward Councellor, Ward No. 09, Nagar Panchayat, Ghoghardiha, District - Madhubani. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Fakhruddin Ali Ahmad, Advocate Mr. Mritunjay Kumar Jha, Advocate For the Respondent No.10 : Mr. Shailednra Kr. Dwivedi, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 14-07-2017 Inter alia contending that in the matter of distribution of funds under the Pradhan Mantri Awas Yojana and in allocation of fund with regard to construction of houses under the Scheme various irregularities have been committed and in spite of complaint, FIR is not being registered and action is not taken, this writ petition has been filed.

Patna High Court CWJC No.732 of 2017 dt.14-07-2017 2/2 Under the Scheme, the District Magistrate is competent to cause an enquiry with regard to the allegations made in the writ petition and as a remedy under the scheme itself is available to the petitioner, we are not inclined to interfere into the matter. On the petitioner's filing a detailed complaint in this regard, the District Magistrate, Respondent No.6, shall look into the matter. The District Magistrate shall take action only after following due process of law and hearing all concerned into the matter.

With the aforesaid, the matter stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.07.2017 Transmission Date