Mahendra Kumar Sharma v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2134 of 2025 ====================================================== Mahendra Kumar Sharma, Son of Dhaneshwar Sharma, Resident of New Colony, Ward No.9, Nagar Parishad Saharsa, District- Saharsa, Bihar-852201. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Housing and Urban Affairs, Government of India.

2.

The Joint Secretary and Mission Director in charge of Pradhan Mantri Awas Yojana, (Urban)- Housing for All, Ministry of Housing and Urban Affairs. 3.

The State of Bihar, through the Principal Secretary, Urban Development and Housing Department, Bihar, Patna.

4.

The Chief Secretary, Urban Development and Housing Department, Bihar, Patna.

5.

The Convener, Pradhan Mantri Awas Yojna, Govt. of Bihar, Patna. 6.

The State Nodal Officer, Pradhan Mantri Awas Yojna (Urban), Bihar. 7.

The Municipal Commissioner, Saharsha Municipal Corporation, Saharsa. 8.

The Mayor, Saharsa Municipal Corporation, Saharsa. 9.

The District Magistrate, Saharsa.

10.

Ravi Raj, Municipal Civil Engineer, Saharsa.

11.

Deepak Roy, Management Information System Specialist, Awas Nagar Nigam, Saharsa.

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

For the Petitioner/s :

Mr. Abhishek Kumar Srivastava, Advocate Mr. Ravi Raj, Advocate Mr. Aditya Raj Singh, Advocate Ms. Rana Veer Prawar, Advocate For the Respondent/s :

Mr. Kumar Gangesh Gunjan, CGC Mr. Abhay Shanker Singh, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 14-02-2025 After some arguments, the learned counsel for the petitioner withdraws the prayer Nos. 1, 2 and 4, and

Patna High Court CWJC No.2134 of 2025 dt.14-02-2025 2/3 only presses prayer No. 3, viz., the issuance of writ in the nature of mandamus for commanding the respondents to make proper inquiry by an independent agency with respect to the irregularities in the list of priorities for beneficiaries for allotment of Pradhan Mantri Awas for the said district of Saharsa.

2. The accusation levelled by the petitioner in this writ petition is that non-deserving people, having sufficient financial strength and possessing houses in the area have been made beneficiaries to the exclusion of others who needed to be and would have benefitted, if the scheme were properly implemented.

3. Notwithstanding the fact that a general and vague statement has been made about such irregularity in the writ petition, we deem it appropriate in the present circumstance to direct that in case the petitioner would point out such irregularities to the District Magistrate of the district, he would at least go through it; make an inquiry at his level and have it rectified. In case the

Patna High Court CWJC No.2134 of 2025 dt.14-02-2025 3/3 accusation is found to be incorrect, the same also shall be intimated to the petitioner.

4. We, therefore, permit the petitioner to approach the District Magistrate of Saharsa with specific instances of wrong persons having been made beneficiaries of Pradhan Mantri Awas Yojna, in which case the District Magistrate shall have it inquired and shall intimate the petitioner through post and telephonically about the action taken in this regard.

5. With the aforenoted direction, the writ petition stands disposed of.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Anushka/Rajesh AFR/NAFR NAFR CAV DATE NA Uploading Date 17.02.2025 Transmission Date