Disposed¶29

Mahendra Kumar Sharma v. The Union of India

Patna HC14 Feb 2025CWJC/2134/2025

Case brief

AI extract

What is this about?

PMAY (Pradhan Mantri Awas Yojna) beneficiary selection irregularities at Saharsa; mandamus for independent-agency inquiry not granted; District Magistrate-level inquiry on petitioner furnishing specific instances of wrong beneficiaries; intimation to petitioner by post and telephone; Patna High Court CWJC No.2134 of 2025, disposed 14-02-2025.

What did the court decide?

Petitioner permitted to approach the District Magistrate, Saharsa with specific instances of wrong PMAY beneficiaries; the District Magistrate to inquire at his level and rectify any irregularity found, and to intimate the petitioner by post and telephonically of the action taken, including where the accusation is found to be incorrect. ¶29

Mahendra Kumar Sharma Vs The Union of India — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether a writ of mandamus should issue commanding the respondents to conduct a proper inquiry by an independent agency into the irregularities in the list of priorities for beneficiaries for allotment of Pradhan Mantri Awas in Saharsa district (prayer No. 3, the only prayer pressed). +1 more

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Court's answer

Notwithstanding that only a general and vague statement of irregularity had been made in the writ petition, the court deemed it appropriate to direct that if the petitioner points out such irregularities to the District Magistrate of the district, the latter would at least go through them, make an inquiry at his level and have them rectified; and if the accusation is found to be incorrect, that too shall be intimated to the petitioner.

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Ratio / Principle

The petitioner was permitted to approach the District Magistrate of Saharsa with specific instances of wrong persons having been made beneficiaries of Pradhan Mantri Awas Yojna; in that event the District Magistrate shall have the matter inquired into and intimate the petitioner through post and telephonically about the action taken.

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Detailed headnote1 paragraphs

Patna High Court, CWJC No.2134 of 2025 (oral judgment dated 14-02-2025, per Ashutosh Kumar, ACJ; bench also comprising Partha Sarthy, J): The petitioner alleged that under Pradhan Mantri Awas Yojana in Saharsa district, non-deserving persons with sufficient financial strength and already owning houses had been shown as beneficiaries to the exclusion of needy applicants. Having withdrawn prayer Nos. 1, 2 and 4 in the course of hearing, he pressed only prayer No. 3 - a mandamus commanding the respondents to make proper inquiry by an independent agency into irregularities in the priority list of PMAY beneficiaries for Saharsa. Observing that the allegation in the writ petition was 'general and vague', the Court did not order an independent-agency probe; instead it permitted the petitioner to place specific instances of wrong beneficiaries before the District Magistrate, Saharsa, who is to examine them, hold an inquiry at his level and rectify any irregularity found, and to intimate the petitioner through post and telephonically of the action taken - including intimation where the accusation is found incorrect. Writ petition disposed of on these terms. NAFR.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2134 of 2025

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======================================================

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Mahendra Kumar Sharma, Son of Dhaneshwar Sharma, Resident of New Colony, Ward No.9, Nagar Parishad Saharsa, District- Saharsa, Bihar-852201.

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... ... Petitioner/s

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Versus

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

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

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

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

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

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

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The Municipal Commissioner, Saharsha Municipal Corporation, Saharsa.

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The Mayor, Saharsa Municipal Corporation, Saharsa.

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The District Magistrate, Saharsa.

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Ravi Raj, Municipal Civil Engineer, Saharsa.

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

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... ... Respondent/s

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====================================================== 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)

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Date : 14-02-2025

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After some arguments, the learned counsel for

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the petitioner withdraws the prayer Nos. 1, 2 and 4, and

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Patna High Court CWJC No.2134 of 2025 dt.14-02-2025 2/3

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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.

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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.

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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

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Patna High Court CWJC No.2134 of 2025 dt.14-02-2025 3/3

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accusation is found to be incorrect, the same also shall be intimated to the petitioner.

¶28

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.

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

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(Ashutosh Kumar, ACJ)

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(Partha Sarthy, J)

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Anushka/Rajesh

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	17.02.2025
Transmission Date

Mahendra Kumar Sharma v. The Union of India

Case brief

What is this about?

What did the court decide?

Mahendra Kumar Sharma v. The Union of India

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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