Shail Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2118 of 2016 ====================================================== Shail Devi W/o Mahendra Ram Resident of village - Jahangirpur, Selkhani, P.S. Mahua, Distt. - Vaishali at Hajipur ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Rural Development, Government of Bihar, Patna 3.
The Commissioner Tirhut Pramandal, Muzaffarpur 4.
The District Magistrate, Vaishali at Hajipur 5.
The Deputy Development Commissioner, Vaishali at Hajipur 6.
The Sub - Divisional officer, Mahua, Vaishali at Hajipur 7.
The Block Development officer, Mahua, District - Vaishali at Hajipur 8.
The Rural Building Sahayak Indira Awas Block Mahua, Vaishali at Hajipur 9.
The Building Supervisor, Mahua, Vaishali at Hajipur 10.
The Prakhand Pramukh Mahua, Vaishali at Hajipur 11.
The Panchayat Secretary, Jahangirpur Salkhani, Mahua, Vaishali at Hajipur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy, Adv.
For the Respondent/s :
Mr.D.K. Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-09-2024
1. The present writ petition has been filed seeking the following relief(s):- "1.That, way of this writ petition the petitioner craves indulgence of this Hon'ble Court for issuance of a writ in the nature of mandamus or an appropriate writ order or orders, direction, or directions to command the respondents authorities to enquire into the distribution of Indira Awas in Gram Panchayati Raj Jahangirpur Salkhani within Mahua Block, dist. Vaishali for the year, 2013-14 and further the respondents be directed to allot the Indira Awas to the actual persons of the panchayat, who have
Patna High Court CWJC No.2118 of 2016(3) dt.12-09-2024 2/3 been selected in a meeting of the Gram Sabha dated 20.08.2014."
2. At the outset, the learned counsel for the respondent-State submits, by referring to paragraph no.11 of the counter affidavit filed in the present case that an inquiry was made by the Block Co-operative Officer, Mahua and it was found that 44 persons had been allotted Indira Awas Yojna during the relevant period, whereafter these names were compared with the B.P.L. survey list prepared by the Aam Sabha and 43 persons were found to have been enlisted in both B.P.L. list and Gram Sabha list and the name of only one person, i.e., Mina Kumari, was not found to be common in both the list but her name was appearing in the B.P.L. survey list, hence no illegality has been found in distribution of Indira Awas Yojna in Gram Panchayat Raj, Jahangirpur, Salkhani, within Mahua Block, District-Vaishali, thus the present writ petitioner is fit to be dismissed.
3. This Court finds that no rejoinder affidavit has been filed by the petitioner, hence this Court has got no reasons to disbelieve the averments made by the respondent-State in the counter affidavit filed in the present case, as aforesaid, thus, I do not find any merit in the present writ petition, hence the same
Patna High Court CWJC No.2118 of 2016(3) dt.12-09-2024 3/3 stands dismissed.
(Mohit Kumar Shah, J) sonal/- U