Tejpal Rabidas & ORS v. State Of West Bengal & ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 4376 OF 2020 TEJPAL RABIDAS & ORS.

VS.

THE STATE OF WEST BENGAL & ORS.

MR. SUFI KAMAL, ADVOCATE MS. SHIREEN HOSSAIN, ADVOCATE ......for the Petitioners MR. NILOTPAL CHATTERJEE, ADVOCATE ......for the State

1) By filing the present writ petition, the petitioners pray MONDAY Court : CB-07 Item : DL-04 Bench : SINGLE Matter : WPA Status : DO ID : 266057 AR : NANDY for a direction upon the competent authority to release funds in their favour under the 'Gitanjali Scheme', to enable them to construct their residential houses.

2) Mr. Sufi Kamal, learned advocate appearing for the petitioners, draws my attention to an order dated 07.08.2019 passed by a Coordinate Bench in W.P. No. 14475 (W) of 2019 and submits that in a similar matter, the Bench directed the State Authorities to disburse the fund to the eligible petitioners therein, in accordance with law, by December 2019. He submits that, despite such direction, the said authority has failed to release any funds in favour of eligible beneficiaries including the petitioners. This inaction has compelled the petitioners to approach this Court by filing the present writ petition. Mr. Kamal prays for a direction upon the concerned respondents to release the funds under the aforesaid 'Gitanjali Scheme'.

3) Mr. Nilotpal Chatterjee, learned advocate appearing for the State-respondent, submits that the Government has since withdrawn the 'Gitanjali Scheme' and has introduced a new scheme under the

P a g e | 2 name and style of 'Banglar Bari' and following a spot verification conducted by the competent authority, 18 candidates have been found eligible for receiving financial assistance under the 'Banglar Bari' Scheme. He further submits that the process for release of funds in favour of these 18 eligible petitioners is currently underway.

4) Heard the learned Advocates. Perused the materialson-record.

5) The issue involved in the present writ petition pertains to the financial policy of the State, and as such, the scope of judicial interference in such matters is limited. However, in view of the submission made by Mr. Chatterjee that upon spot verification, 18 petitioners have been found eligible for financial assistance under the 'Banglar Bari' Scheme, and that the process for release of funds in their favour is currently underway, this Court observes that if the State ultimately decides to release funds in favour of those 18 petitioners, the same shall be done in accordance with law.

6) With these observations, WPA 4376 of 2020 is disposed of.

(PARTHA SARATHI CHATTERJEE, J.)

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