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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. RAMACHANDRA RAO, C.J., RAJESH SHANKAR
Kailash Prasad, S/o. Ram Vilas Ram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition in the nature of Public Interest Litigation has been preferred for directing the respondent no. 5 to investigate the fraudulent payment made under “Pradhan Mantri Awas Yojna-Gramin” (PMAY-G) Scheme in Borio Block, District-Sahebganj.
2. Learned counsel for the petitioner submits that the petitioner is a social activist and he has no personal interest, either directly or, indirectly, and the issue raised by him is of public interest. The petitioner is an elected representative holding post of "Up-Pramukh", Borio Block and he has raised the present issue relating to the persons belonging to “Paharia” Tribes, who are living in thatched houses and the money withdrawn in their name has been misappropriated.
3. It is further submitted that the petitioner had filed several representations to the respondent authorities regarding blatant illegality being committed in allotment of funds under PMAY-G scheme to the beneficiaries and an enquiry was done in that regard, but the outcome of the same was not made public.
4. It is also submitted that even the persons who are having double storied houses, have also been disbursed funds for constructi
Public Interest Litigations require substantial evidence to establish public interest and must not arise from private motives or vague allegations.
Public Interest Litigations require substantial evidence to support claims; vague allegations do not suffice for judicial consideration.
The court mandated that authorities consider petitioners for benefits under the PMAY-G Scheme in the next phase, emphasizing adherence to eligibility criteria and rectification of administrative erro....
The court has the authority to direct the concerned authority to take action in cases of alleged misappropriation of Government funds.
Eligibility determination under PMAY-G must adhere to prescribed guidelines; reopening inquiries based on private complaints without due process undermines applicant rights and the legitimacy of the ....
Public Interest Litigations must demonstrate genuine public interest, and allegations must be substantiated with relevant evidence; vague and unsupported claims cannot warrant judicial intervention.
In public interest litigation, a petitioner must demonstrate bona fide intent and sufficient interest, avoiding vexatious claims; the court may intervene if allegations of public fund misuse are subs....
Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice....
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