Usha Devi vs Union Of India

Heard the parties.

Petitioner has prayed for following relief(s):-

“1. That this writ petition is being filed by way of public interest litigation by the petitioner who is a person involved for the betterment of the town.

That the petitioner is a person who is involved in various social activities in District Nalanda for the betterment and development of the town and

has a good social reputation in the society. The petitioner had also been former Mukhiya and this public interest litigation is being filedÂ

before this Hon’ble Court for issuance of directions orders or writ in the nature of mandamus commanding the respondents to take immediate

action in regard to embezzlement of several lacks of rupees by the Panchayat Housing Assistant of block Hilsa, Gram Panchayat RajÂ

Chiksaura under the garb of Pradhan Mantri Awas  Yojna (Gramin) and the benefits of the scheme have been given to undeserving and

unqualified persons of block Hilsa by means of forgery and miss representation of documents and several lacks of rupees have been credited to the

undeserving and unqualified persons leaving behind the ruly deserving and down trodden persons of the village who actually require the

benefits of the scheme. The authorities in a very collusive manner have allotted the benefits of scheme to particular section of the people who are

capable enough of paying extraneous consideration.â€​

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is

issued to the District Magistrate, Nalanda to consider  and decide the representation which the petitioner shall be filing within a period of four weeks

from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the District Magistrate, Nalanda shall consider and

dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:-

(a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the

grievance(s);

(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months

from the date of its filing along with a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties;

(d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the

same shall be dealt with, in accordance with law and with reasonable dispatch;

(f) Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits. All issues are left open;

(h) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually

agree to meet in person i.e. physical mode;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.