Patna High Court
Mahesh Kumar @ Mahesh PaswanversusUnion of India
- Decided
- Disposal
- DISPOSED
Holding
Since the respondents have already conducted an inquiry and fully recovered the alleged misappropriated amounts, there is no matter left for the court to adjudicate, and the appeal is dismissed.
Summary
Five residents of Vaishali district filed a public interest litigation seeking a court‑ordered inquiry into alleged embezzlement of Pradhan Mantri Awas Yojana (Rural) funds and the recovery of the misappropriated amounts. The respondents, including the Union of India and the State of Bihar, submitted a supplementary counter‑affidavit stating that a block‑level inquiry had identified irregular alteration of Aadhaar and bank details by a Gramin Awas Sahayak, and that recovery proceedings under Office Orders No. 57‑60 dated 19‑04‑2025 had already resulted in the full recovery of Rs 1,20,000 from each of the five wrong beneficiaries, which was credited to the government account. The court observed that, in view of these facts, there was nothing left to adjudicate in the petition. Consequently, the Letters Patent Appeal was disposed of, effectively dismissing the petition. No further directions were issued.
Issues considered
- What is the appropriate judicial remedy, if any, for alleged embezzlement of PMAY (Rural) funds?
- Has the recovery of the misappropriated funds by the authorities rendered the PIL moot?
- Can the court still direct an inquiry despite the respondents' claim of completed recovery?
Subjects
- public interest litigation
- embezzlement
- Pradhan Mantri Awas Yojana (Rural)
- fund recovery
- inquiry
- administrative accountability
- letters patent appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4961 of 2025
======================================================
1. Mahesh Kumar @ Mahesh Paswan S/o Bindeshwar Paswan, R/o
Mohammad Pur Pohiar, Chamarhara Mamsai, P.S. Sahdei Buzurg, District -
Vaisali.
2. Mohit Paswan, S/o Singeshwar Paswan, R/o Mohammad Pur Pohiar,
Chamarhara Mamsai, P.S. Sahdei Buzurg, District -Vaisali.
3. Binda Paswan, S/o Garhu Paswan, R/o Mohammad Pur Pohiar, Chamarhara
Mamsai, Sahdei Buzurg, District - Vaishali.
4. Lalmohan Paswan, S/o Narayan Paswan, Jay Narayan Paswan, R/o
Mohammad pur Pohiar, Chamarhara Mamsai, P.S. Sahdei Buzurg, District -
Vaisali.
5. Shivu Paswan, S/o Lachhaman Paswan, R/o Mohammad pur Pohiar,
Chamarhara Mamsai, P.S. Sahdei Buzurg, District - Vaisali.
... ... Petitioner/s
Versus
1. Union of India through Secretary, Ministry of Rural Development (Pradhan
Mantri Awas Yogna, Gramin), Government of India, Rural and Development
Department Krishi Bhawan, New Delhi.
2. Secretary, Ministry of Rural Development (Pradhan Mantri Awas Yogna,
Gramin), Government of India, Rural and Development Department Krishi
Bhawan, New Delhi.
3. The State of Bihar through Principal Secretary, Rural Development
Department, Govt. of Bihar, Patna.
4. District Magistrate, Hajipur at Vaisali.
5. Deputy Development Commissioner, Hajipur at Vaisali.
6. District Panchayati Raj Padadhikari, Hajipur at Vaisali.
7. Sub Divisional Officer, Mahnar Hajipur at Vaishali.
8. Block Development Officer, Sahdei Buzurg Hajipur at Vaisali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate
For the Union of India : Ms. Priya Gupta, Advocate
For the State : Additional Solicitor General
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Patna High Court CWJC No.4961 of 2025 dt.01-05-2026
2/4
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 01-05-2026
This writ petition has been filed by the petitioners in
the nature of Public Interest Litigation seeking the following
relief(s):
“(i) For issuance of a direction to the
respondents authority to conduct an
enquiry for the fund allotted under
Pradhan Mantri Awas Yogna - Rural
for construction of the house in the
name of different beneficiary under
Vill- Mohamad pur Pohiar Salha
Panchayat Block Sahdei Sub Division
Mahnar District Vaisali in which
there is huge embezzlement of public
money is involved in allotment of the
fund to the original beneficiary.
(ii) For further direction to the
respondents to recover the entire
money from those who has got the
said amount by personating
themselves to be the original
beneficiary and thereafter handed
over the said amount to the original
beneficiary.
(iii) For any other order or orders for
which the petitioner is entitled may be
pass by this Hon'ble court under the
facts and circumstances of the case.”
2. A supplementary counter affidavit has been filed on
behalf of Respondent Nos.4 to 8, wherein, it is stated as follows:
Patna High Court CWJC No.4961 of 2025 dt.01-05-2026
3/4
“5. That in this regard it is pertinent to
point out herein that upon record
based inquiry conducted at the block
level, it was found that the irregular
alteration of Aadhar numbers and
bank accounts detail of PMAY
(Rural) beneficiaries for financial
year 2019-20 and 2020-21 in Salaha
Panchayat, Block-Sahdei Buzurg,
District-Vaishali occurred at the
Panchayat Level. It is further stated
here that the responsibility for the
said irregularity has been fixed upon
one Subodh Kant Kumar, the then
Gramin Awas Sahayak, Panchayat
Salaha, Block-Sahdei Buzurg who
missused his entrusted role during the
beneficiary verification and data
entry.
6. That it is further stated here that vide
Office Order No. 57 to 60 dated
19.04.2025, the recovery proceedings
were initiated in coordination with
the concerned branches against all
the five wrong beneficiary and as a
result thereof the entire amount of Rs.
1,20,000/- each from all five wrong
beneficiaries have been fully
recovered and duly credited to the
Government Account of the Rural
Development Department through
banking channels.”
3. In view of such specific stand taken in the
supplementary counter affidavit, nothing survives to be
adjudicated in this Public Interest Litigation.
4. Accordingly, the Letters Patent Appeal is disposed
Patna High Court CWJC No.4961 of 2025 dt.01-05-2026
4/4
of.
5. Interlocutory application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
AFR/NAFR
CAV DATE
Uploading Date 04.05.2026
Transmission Date
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