Lalu Khan v. State Of West Bengal And ORS.

24.09.2025 Sl. No. 526.

Ct.No.42 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 27064 of 2023 Lalu Khan Vs.

The State of West Bengal & Ors.

Mr. Kanai Lal Samanta ... for the petitioner Mr. Lalit Mohan Mahata Ms. Dipa Bhattacharya ... for the State 1.

Exception to the report of the State filed by petitioner is taken on record.

2.

By the present writ petition, the petitioner seeks for direction upon the respondent authorities to enlist the petitioner as beneficiary for allotment of housing under Pradhan Mantri Awaas YojanaGramin (in short, PMAY-G) and consider the representation of the petitioner dated 30th January, 2023 (annexure C).

3.

The petitioner contends that he has a mud built dilapidated dwelling house over a piece of land owned by him. The local gram panchayat prepared a list of beneficiaries under the PMAY-G examining of all necessary documents for the said purpose. The name of the petitioner was enlisted for allotment of a house holding under the said

scheme. However, his name has disappeared from the list upon malpractice of the Pradhan of local Gram Panchayat and Block Development Officer. The petitioner is a person who lives below poverty line. Subsequently, on 30th January, 2023, the petitioner made a representation before the Block Development Officer, Nandigram-III (Chandipur), respondent no.2 and the District Magistrate, Purba Medinipur, respondent no.3 for redressal of his grievance. However, no steps have been taken. Hence, this writ petition.

4.

Mr. Kanai Lal Samanta, learned Advocate for the petitioner submits that the petitioner does not have any pucca house. He seeks for relegating the matter to the respondent no.2, the Block Development Officer, Nandigram-III (Chandipur) for considering the representation of the petitioner.

5.

Mr. Lalit Mohan Mahata, learned Additional Government Pleader appearing on behalf of the State submits that the list prepared by the Executive Officer would show that the petitioner is having a pucca house. He seeks for dismissal of the writ petition.

6.

Upon perusal of the report of the State it is found that the petitioner lives in a pucca house. The list countersigned by the Executive Assistant,

Nandapur-Baraghuni Gram Panchayat and Executive Officer, Chandipur Panchayat Samity, at serial no.332 shows that the Lalu Khan, the petitioner herein, is held to be ineligible as he is having a pucca house. The said list has also been relied upon by the petitioner in his exception. Nothing cogent has been demonstrated in the exception, save and except a photograph, to hold otherwise. Therefore, the writ petition falls short of merit and is liable to dismissed.

7.

Accordingly, the writ petition being WPA 27064 of 2023 stands dismissed.

8.

All connected applications, if any, stand dismissed.

9.

Interim order, if any, stands vacated.

10.

There shall be no order as to costs.

11.

Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)