High Court Of ChhattisgarhWPC/1141/2016disposed off

Smt. Shyam Bai v. State Of Chhattisgarh

2016-05-02Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1141 of 2016

1. Smt. Shyam Bai D/o Late Jagat Ram Sahu, Aged About 50 Years R/o At Village Tanaud, P.S. Sheorinarayan, Block & Tahsil Pamgarh, District Janjgir Champa Chhattisgarh

2. Smt. Phoolkunwar, W/o Late Jagat Ram Sahu, Aged About 80 Years R/o At Village Tanaud, P.S. Sheorinarayan, Block & Tahsil Pamgarh, District Janjgir Champa Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Panchayat & Rural Development, Mahanadi Bhawan, Naya Raipur Chhattisgarh

2. The Collector, District Janjgir Champa Chhattisgarh

3. The Chief Executive Officer, Janpad Panchayat Pamgarh, District Janjgir Champa Chhattisgarh

4. The Sarpanch, Gram Panchayat Tanaud, Block Pamgarh District Janjgir Champa Chhattisgarh ---- Respondents For Petitioners :

Shri R.K. Kesharwani, Advocate For Respondent-State :

Shri Satish Gupta, Govt. Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 02/05/2016 Heard.

1. The petitioners have filed this petition aggrieved by communication dated 14.7.2015 of the Chief Executive Officer, Janpad Panchayat, Pamgarh addressed

-2to the Collector.

Learned counsel for the petitioners submits that the petitioners are not only persons without any land, any source of income but are also handicapped, yet the Chief Executive Officer has refused to recommend grant of benefit of Indira Awas Yojna.

2. Learned counsel for the State submits that the case requires factual inquiry.

3. This Court, at this stage, would not enter into the issue as to whether the petitioners are persons entitled to grant of benefit as claimed by them.

4. If the petitioners dispute the finding of the Chief Executive Officer, Janpad Panchayat, Pamgarh, they may submit an application before the Collector and the Collector shall get an independent inquiry done with regard to petitioners' claim of they being below poverty line as also suffering from physical disability. If upon such inquiry, any existing beneficial scheme provides benefit, the same shall be granted to the petitioners as early as possible preferably within a period of 3 months.

5. With the aforesaid observations, the petition is disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Praveen