Anita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.716 of 2014 ====================================================== Anita Devi Wife of Shatrughan Thakur, Resident of Village P.O. Gouspur Ijara, P.S. Hajipur Sadar, District Vaishali At Hajipur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

District Magistrate, Vaishali At Hajipur 3.

District Development Commissioner, Vaishali At Hajipur 4.

Block Development Officer, Hajipur (Vaishali) Virendra Nath Son of Ram Lachan Ram 'Vikas Mitra', Resident of Village Gram Panchayat- Gouspur Ijara, P.S. Hajipur Sadar, District- Vaishali At Hajipur Mukhiya, Gram Panchayat Gouspur Ijara, P.S. Hajipur Sadar, District Vaishali, Hajipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Om Prakash Om For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-10-2019 The present writ petition has been filed for payment of the requisite amount to the petitioner under the scheme of Indira Aawas Yojna inasmuch as her name has already been selected in the meeting dated 2.10.2012 of the Aam Sabha, held under the President ship of Mukhia, Gram Panchayat Raj Ijara, Block- Hajipur, District Vaishali, however, the respondent no.5, in collusion with the respondent no.4, is not sanctioning the amount as well as he is not making payment thereof. The brief facts of the case are that the petitioner herein had given an application dated 2.10.2002 for allotment of

Patna High Court CWJC No.716 of 2014(3) dt.25-10-2019 2/3 money under the Indira Aawas Yojna to the petitioner herein, whereafter her name was also selected, however, pursuant to that the money under the said Indira Aawa Yojna has not been disbursed to the petitioner herein.

The learned counsel for the respondents, referring to the counter affidavit filed in the present case on behalf of the respondents, has submitted that after the petitioner had applied for grant of benefits under the Indira Aawa Yojna before the Block Development Officer, Hajipur, family survey, seniority (BPL) list of beneficiaries etc. were prepared and in the said list, the name of the husband of the petitioner was found at Serial No. 319 having score of ten (10) under the BPL List. In paragraph no. 8 of the said counter affidavit, it has been stated that the applicant having score-9 at serial no. 238 of BPL list is the last person who has been allotted the fund under the Indira Aawa Yojna in the concerned Panchayat, whereas the petitioner's husband is at serial no. 318 having a score of ten, hence he is in the waiting list. It is further submitted that the husband of the petitioner would be allotted the necessary benefits when his turn comes in the waiting list. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to

Patna High Court CWJC No.716 of 2014(3) dt.25-10-2019 3/3 approach the District Magistrate, Vaishali at Hajipur for redressal of her aforesaid grievances, in view of the fact that the counter affidavit has been filed on 16.12.2015 and during the interregnum period the position would have been changed. In case an appropriate representation is filed by the petitioner before the District Magistrate, Vaishali at Hajipur, the same shall be disposed of by a reasoned and speaking order within a period of eight weeks from the date of filing of such representation.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U