Parameswar Gauniya v. State Of West Bengal And ORS.

08.08.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 21227 of 2021 Parameswar Gauniya -versus The State of West Bengal & Ors.

Mr. Anup Dasgupta.

...For the Petitioner.

Mr. Susanta Pal, Ms. Ananya Neogi.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

The petitioner's prayer for sanction of funds under the Pradhan Mantri Awas Yojana has been rejected on the ground that he did not fulfil the eligibility criteria of PMAYG/Awaas+.

The rejection order records that the household of the petitioner is registered with the Government with non-agricultural enterprise.

The petitioner has averred in the writ petition that he does not have any business and his premises is not registered with any non-agricultural enterprise. The petitioner approached the Block Development Officer, Khejuri-II, the Sub-Divisional Officer, Contai

and also the District Magistrate, Purba Medinipur by a letter dated 1st September, 2021 praying for redressal of his grievances and alleges that the said representation has not been considered by any of the aforesaid authorities.

As it appears that the petitioner's representation for reconsideration of his prayer for disbursing funds under the Pradhan Mantri Awas Yojana is pending consideration at the end of the respondent authorities, accordingly, the instant writ petition is disposed of by directing the Block Development Officer, Khejuri-II being the respondent No.4 herein to consider and dispose of the representation filed by the petitioner, strictly in accordance with law, at the earliest, but positively within a period of six weeks from the date of communication of a copy of this order.

The aforesaid respondent shall afford an opportunity of hearing to the petitioner to produce all necessary documents in support of his prayer for funds.

It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 1st September, 2021 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)