Arsed Molla And ORS. v. State Of West Bengal And ORS.

February 27, 2023 AD 4 Court No.1 SG WPA(P) 72 of 2023 Arsed Molla and others vs.

The State of West Bengal and others Mr. S. Ghosh, Advocate ... for the petitioners Mr. Jahar Lal De, Ms. Smita Das Dey, Advocates ... for the State Affidavit of service filed by petitioners is taken on record.

The grievance raised in this public interest petition is that though the petitioners are entitled to the benefit under the Prime Minister Awas Yojana Scheme but while preparing the final list, their names were illegally excluded.

Learned counsel for the petitioners has pointed out that the petitioners' representation dated 07.02.2023 to respondent No.2, District Magistrate, 24 Parganas (South), Alipore has not been considered till now. We are of the view that the allegation which is made by the petitioners needs factual inquiry which can more appropriately be done by respondent No.2 to whom the petitioners have already approached. Therefore, we deem it proper to dispose of the present petition directing respondent No.2 to duly consider the petitioners' representation dated 07.02.2023 in accordance with law.

WPA(P) 72 of 2023 It will be open to respondent No.2 to conduct an inquiry on the allegation of the petitioners and give opportunity of hearing to all the concerned parties. Let the exercise be completed within a period of 3 months from the date of receipt of a copy of this order. Accordingly, the petition is disposed of.

[Prakash Shrivastava, C.J.] [Rajarshi Bharadwaj, J.]