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2016 DIGILAW 1486 (PAT)

Pratyush Kumar (Advocate) S/o Sri Parmeshwar Shukla v. Union of India through its Secretary, Cabinet Secretariat

2016-11-17

HEMANT GUPTA, VIKASH JAIN

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JUDGMENT : Hemant Gupta, J. Heard learned counsel for the parties. 2. The present petition is for issuance of a direction for supply of the relevant documents regarding proposals, objections to proposals, preparation, approval, bidding and actual status of the projects declared under “Prime Minister Bihar Package, 2015”. 3. Similar petition was filed by another Advocate of this Court i.e. C.W.J.C. No.7691 of 2016 (Anil Kumar Mukund Vs. Hon’ble Prime Minister of India & Ors.) which was disposed of on 20.09.2016 with liberty to the petitioner to take recourse to appropriate provisions of law as may be permissible. The Court has held that Article 226 of the Constitution cannot be invoked for the purpose of enforcing promise made by the Prime Minister of India. 4. We do not find that any different view than taken by the Division Bench of this Court in C.W.J.C. No.7691 of 2016 (Anil Kumar Mukund Vs. Hon’ble Prime Minister of India & Ors.) can be taken. The packages announced are not legally enforceable under Article 226 of the Constitution in the writ jurisdiction of this Court. We do not find any reason to entertain this writ petition. 5. The writ petition is accordingly dismissed.