IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO. 15612 of 2010 ========================================= Ravi Kant Kumar s/o Siddhi Sadan Giri, r/o Shri Rampur, P.S. – Bihta, District – Patna ……….. Petitioner Versus 1. The State Of Bihar 2. The Divisional Commissioner, Patna 3. The Collector, Patna 4. The Addl. Collector Disaster Management, Patna 5. The Sub-divisional Officer, Danapur, Patna 6. The Circle Officer, Bihata, Patna ………………….. Respondents ============================================ APPEARANCE For the Petitioner : Mr. Ravi Kant Kumar (in person) For the State : Mr. Ajay, SC XXIV =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 17/9/2010 The petitioner Ravi Kant Kumar, a resident of Bihta, District – Patna, has filed this petition under Article 226 of the Constitution purportedly in public interest. It is the complaint of the petitioner that the residents of village - Sikariya, Gram Panchayat – Tara Nagar, Police Station – Bihar, District – Patna, were affected by the heavy rains in the year 2007. The State Government had assured houses for the affected villagers under “Mukhya Mantri Awas Yojna”. However, many of the villagers have been deprived of the houses under the said Yojna till the date. Learned Standing Counsel Mr. Ajay has appeared for the respondent – authorities . He has 2 submitted that 57 villagers were found to be eligible for allotment of houses under the aforesaid scheme. The others were not provided the houses as they were not eligible. The question of eligibility for the benefit under the scheme is a question of fact which requires to be sorted out in individual case. The petition under Article 226 of the Constitution for an omnibus relief cannot be entertained. Any individual who is aggrieved by non- allotment of a house under the scheme may raise dispute in a substantive proceeding. The present petition in public interest is misconceived. Hence, rejected. Neyaz/ ( R. M. Doshit,CJ.) (jyoti Saran, J.)