Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.