Basudeb Bhattacharyya v. Union Of India And ORS.

May 17, 2022 Serial No.18 Court No.1 SG WPA(P) 210 of 2022 Basudeb Bhattacharyya vs.

Union of India and others Ms. Shamolima Sarkar, Ms. Mousumi Konar, Advocates ... for the petitioner Mr. Jaharlal De, Mr. Supratim Dhar, Advocates ... for the State The grievance raised in this petition is that in the village Gopinathpur under Gorabari Gram Panchayat, under Khatra Block and Khatra Panchayat Samity, SubDivision Khatra, District Bankura there are several persons who belong to economically weaker section, needy and homeless and not having any pucca house and they are entitled to benefit under the Pradhan Mantri Awas Yojana - Gramin (PMAY-G) Scheme. It is further alleged that though other persons who have pucca houses have been extended the benefit under the said Scheme but those who are actually entitled under the said Scheme, have not been extended the said benefit. Along with petition, the photographs of the condition of houses of the needed persons have been enclosed and the names and details of as many as 27 such persons who are entitled to the benefit have been disclosed in paragraph 8 of the writ petition.

Further allegation is that certain persons have been granted the benefit more than once as the details of those persons have been disclosed in paragraph 10 of this petition.

WPA(P) 210 of 2022 Learned counsel for the State does not dispute that the claim of the persons is required to be looked into and considered by respondent No.7 i.e. Collector cum District Magistrate, Bankura.

We also find that the claim of the persons whose details are disclosed in the writ petition needs to be examined by the competent authority for the purpose of extending the benefit under (PMAY-G) Scheme.

Hence, we dispose of the present petition granting liberty to the petitioner to file appropriate comprehensive representation along with all relevant materials before respondent No.7 with the prayer to extend the benefit under the said Scheme and on receipt of such a representation, respondent No.7 will duly conduct an inquiry to ascertain the entitlement of those persons under the said Scheme and if they are found to be eligible, then necessary steps in accordance with law will be taken to extend the benefit.

Let this exercise be completed within a period of 3 months from the date of receipt of representation. Accordingly, the present petition is disposed of. Urgent certified copies of this order, if applied for, be made available to the parties upon compliance of requisite formalities.

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