Patna High Court
Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed for failure to comply with the peremptory order dated 08-01-2026.
Summary
The petitioner, Ashok Kumar, filed a writ petition seeking quashing of a notice dated 21-04-2025 that ordered the stoppage of construction of a house granted under the Prime Minister Housing Scheme, and also sought a stay of the order. The court gave the petitioner two weeks on 08-01-2026 to remove the alleged defect. The petitioner failed to comply with this peremptory order, and consequently, the court dismissed the petition on 22-01-2026. No substantive examination of the merits of the notice or the housing scheme was undertaken. The dismissal was based solely on non‑compliance with the court’s procedural direction. The petition was therefore dismissed without any relief being granted.
Issues considered
- Whether the notice directing stoppage of construction under the Prime Minister Housing Scheme can be quashed.
- Whether a stay of the impugned order should be granted pending disposal of the writ petition.
- Whether non‑compliance with a peremptory order warrants dismissal of the petition.
Subjects
- Prime Minister Housing Scheme
- peremptory order
- writ petition
- quashing notice
- stay of order
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20788 of 2025
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Ashok Kumar Son of- Gouri Shankar Sah, Resident of Village- Naya Nagar,
Ward No. 14, P.S.-Udakishunganj, District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through Divisional Commissioner, Koshi Division,
Saharsa.
2. The District Magistrate, Madhepura.
3. The Deputy Development Commissioner, Madhepura.
4. The Block Development Officer, Udakishunganj, Madhepura.
5. The Circle Officer, Udakishuganj, Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the State : Mr. Standing Counsel (1)
: Mr. Md. Irshad, AC to SC-1
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 31-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for quashing the notice dated
21.04.2025 issued by the Respondent No. 05
whereby and whereunder the construction of
house granted to the petitioner under Prime
Minister Housing Scheme situated in Mauza-
Naya Nagar, Thana No. 188 appertaining to
Khata No. 251 (Old), Khata No. 1551 (New)
Kheshra No. 562 (Old), Kheshra No. 1552 (New)
Patna High Court CWJC No.20788 of 2025(3) dt.31-01-2026
2/2
Area-12 Decimil. has been directed to be
stopped.
(ii) for grant of stay of order impugned
and further action till disposal of the writ
petition.
(iii) any other relief or reliefs for
which this Hon'ble Court may deem fit and
proper.”
3. In this case on 08.01.2026, two weeks’ time was
granted to remove the defect.
4. As it was a peremptory order and not complied, it
stood dismissed on 22.01.2026.
5. Perused the file, consigned.
(Rajiv Roy, J)
vinayak/-
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