Snehasis Giri v. State Of West Bengal And ORS.

Ct. No. 01 WPA(P) 500 of 2023 Snehasis Giri Vs.

AN 26.09.2023 State of West Bengal & ors.

Mr. Kingshuk Mondal Mr. Partha Sarathi Mondal ... for the petitioner Mr. Samrat Sen, Ld. AAAG Mr. T. M. Siddiqui, Ld. AGP Mr. Saikat Chatterjee Mr. Suddhadev Adak ... for the State

1. Learned counsel appearing for the petitioner prays for leave to correct the cause title so far respondent no. 9 is concerned and mentions the said respondent as Superintendent of Police, Sundarban Police District in place and stead of Superintendent of Police, South 24 Parganas, Alipore. Such leave is granted to correct the cause title.

2. In this writ petition styled as a Public Interest Litigation, the petitioner submits that there are several persons who have been granted benefit under the Pradhan Mantri Awas Yojana - Gramin (PMAY-G) on Namkhana Block in the District of South 24 Parganas who are ineligible to get allotment of the houses under the said Scheme and such allotment has been made for extraneous consideration. In this regard, a representation has been submitted to the authorities including the learned District Magistrate, South 24 Parganas dated 18.07.2023 which has been dispatched by Speed Post on 20.07.2023 and delivered on 22.07.2023 in the Office of the learned District

Magistrate, South 24 Parganas. Since the writ petition has been disposed of without calling for any affidavits, merits of the allegations made in the representation or in the writ petition are not gone into and left to be decided by the learned District Magistrate.

3. Learned counsel appearing for the petitioner submits that after the writ petition was filed, the 12th respondent viz. The Officer-in-Charge, Namkhana Police Station has issued a notice directing the petitioner to participate in the enquiry. Since it is alleged that the ineligible persons have been granted the benefit of the said Scheme, we direct the learned District Magistrate, South 24 Parganas to conduct a comprehensive enquiry into the matter after calling for the relevant documents from the 13th and 14th respondent herein and also to direct the Police Authorities to submit a report of the enquiry which they have commenced. The representation given by the writ petitioner to be considered in terms of the above direction and appropriate orders be passed on merits and in accordance with law within a period of six weeks from the date of receipt of the server copy of this order.

5. With the above observations, the writ petition stands disposed of.

(T. S. Sivagnanam) Chief Justice (Hiranmay Bhattacharyya, J.)