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Patna High CourtCWJC/23880/2019disposed

Usha Devi v. The State Of Bihar

2019-12-03Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23880 of 2019 ====================================================== 1.

Usha Devi W/o Lalo Paswan Resident of Village- Safapur, P.S. Nayagaon, District- Begusarai.

2.

Rina Devi W/o Mukesh Paswan Resident of Village- Safapur, P.S. Nayagaon, District- Begusarai.

... ... Petitioners

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The Commissioner, Munger.

3.

The District Magistrate, Begusarai.

4.

The District Development Commissioner, Begusarai. 5.

The Sub-Divisional Officer, Begusarai.

6.

The Block Development Officer, Matihani, Begusarai. 7.

The Circle Officer, Matihani, Begusarai.

8.

Ram Chandra Paswan S/o Sahdeo Paswan R/o Village- Safapur, P.S. Nayagaon, District- Begusarai.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Hare Krishna Prasad For the Respondent/s :

Mr.Harish Kumar (Gp8) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-12-2019 The petitioners were extended financial benefits of Rs. 50,000.00 each for construction of their houses under Indira Awas Yojna. They have put to challenge the notices issued to them by the Block Development Officer, Matihani, in August 2015, whereby they were asked to complete the construction work without any delay.

I have perused the notices dated 05.08.2015, which the petitioners are challenging. The petitioners were just

Patna High Court CWJC No.23880 of 2019(2) dt.03-12-2019 2/3 cautioned, by the said notices, of appropriate action, including recovery of the amount provided to them, if the houses were not constructed.

Learned counsel appearing on behalf of the petitioners has referred to Annexure-2 to the writ application, which is a photostat copy of a photograph taken of a structure, which, according to him, was being constructed by these petitioners from the fund provided to them under the Indira Awas Yojna. He submits that because of certain hindrances created by local influential persons, the petitioners were forced to stop further construction. He has referred to some of the communications made by the Block Development Officer addressed to the S.H.O., Nayagaon, to make out a case that even the Block Development Officer has realized the interference and obstructions being caused by the local people, in construction of the houses by the petitioners.

Be that as it may, in my opinion, the notices dated 05.08.2015 (Annexure-1) need no interference. However, in the facts and circumstances of the case, the District Magistrate, Begusarai, is directed to consider the grievance, which the petitioners are raising to the effect that they are not being allowed to construct their houses because of the illegal

Patna High Court CWJC No.23880 of 2019(2) dt.03-12-2019 3/3 intervention of local people.

Let a copy of this order be communicated to the District Magistrate, Begusarai, forthwith.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U