Biswarup Roy v. State Of West Bengal And ORS.

28.09.2022 Court No. 19 Item 102 CP W.P.A. No. 4643 of 2022 Biswarup Roy Vs.

The State of West Bengal & Ors.

Mr. Lakshmi Nath Bhattacharya ....for the petitioner.

Mr. Himadri Sikher Chakraborty Mr. K.M. Hossain ....for the State.

The petitioner claims to be a beneficiary under the PMAY Scheme. A list of such beneficiaries has been annexed to the writ petition. The name of the petitioner appears at Sl. No. 455 which is at page 17 of the writ petition.

It is submitted that the petitioner did not receive the first instalment. Aggrieved, the petitioner filed a representation before the Block Development Officer, Mandir Bazar for release of the fund. It is submitted that the said representation has not been disposed of as yet.

Without going into the merits of the claim of the petitioner and without making any observations as to his entitlement for release of the instalments, the writ petition is disposed of by directing the Block Development Officer, Mandir Bazar Block to dispose

of the writ petition strictly in accordance with law, by treating the same as a representation.

A hearing shall be given to the petitioner and a reasoned order shall be passed and communicated to the petitioner.

If there are reasons for withholding the funds, such reasons shall be disclosed in the reasoned order. If the petitioner was subsequently found to be ineligible in the final list, such issue shall also be informed to the petitioner.

However, if there are no impediments towards releasing the amount, in that event the amount shall be released expeditiously.

The entire exercise shall be completed within a period of two months from the date of communication of this order.

The writ petition is disposed of accordingly. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)