Gangaram Trimbak Patil And Others v. The Union Of India And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11064 OF 2014 Gangaram s/o Trimbak Patil & others Petitioners

Versus

The Union of India & others Respondents Mr.R.M.Deshmukh, advocate for petitioners Mr.S.B.Deshpande, Assistant Solicitor General for Respondent No.1.

Mr.S.S.Dande, A.G.P. for Respondent No.2.

Mr. M.S.Sonwane, advocate for Respondents No.3 & 4. CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 24th February, 2016 PER COURT:

Petitioners are seeking a direction to quash the order dated 19.04.2012/04.05.2012 holding them ineligible for allotment of houses under Indira Awas Yojana.

Names of the petitioners have been deleted from the list for the reason that they already possess constructed houses in the village. A fact finding inquiry was directed in that regard by the Chief Executive Officer and on receipt of the report from Block Development Officer, Panchayat Samiti, Amalner, impugned action has been taken.

Petitioners contend that the Village Panchayat has certified that they do not possess constructed houses. However, disputed questions of facts raised in the petition need not be gone into. Apart from this, certification by the Village Panchayat does

{2} wp1106414.odt not have any overruling effect over the inquiry conducted by the Block Development Officer. The Chief Executive Officer was justified in accepting the report tendered by Block Development Officer and passing impugned order. There is no merit in the petition.

Writ Petition stands dismissed.

A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/wp1106414