Dibya Barman and 8 Ors v. The State of Assam and 7 Ors

ORDER

20.11.2023 The instant writ petition has been filed by the Petitioners, who are nine in numbers, being aggrieved by the inaction on the part of the Respondent Authorities in not allotting/releasing the assistance under the Pradhan Mantri Awaas Yojana – Gramin (PMAY) house.

¶2Today when the matter has been taken up, Mr. N.K. Debnath, the learned counsel appearing on behalf of the P & RD Department submits that except the Petitioner Nos. 6 & 8 all the Petitioners have already received their entitlement of an amount of Rs.1,30,000/- and their houses have been duly sanctioned and completed. As regards the Petitioner No. 6, his name is not enlisted in the Socio-Economic and Caste Census (SECC) 2011 and Awaas Plus Wait List for which the Respondent No. 6 is not eligible. As regards the Petitioner No. 8, his name is though there in the Wait List of SECC and Awaas Plus, but his father's name is not matching.

¶3Taking into account that all the Petitioners except the Petitioner Nos. 6 & 8 have duly received their entitlement, nothing survives to be decide in respect to their entitlement. However, as regards the Petitioner No. 6, it is the opinion of this Court that as the guidelines require that he ought to have Page No.# 5/5 been enlisted in the SECC and Awaj Plus Wait List, the Petitioner No. 6 would be at liberty to approach the Block Development Officer, Golakganj Development Block seeking his enlistment in the Wait List as per the guidelines. As regards the Petitioner No.8, this Court grants the liberty to the said Petitioner to approach the BDO, Golakganj Development Block and produce the necessary documents and clarifications in respect to the mismatching of his name with that of his father. This Court directs that the Respondent Authorities upon being satisfied with the clarifications shall do the needful for disbursing the entitlement of the Petitioner No. 8.

¶4The BDO, Golakganj Development shall do the needful upon the Petitioner No. 6 approaching as per the guidelines required under the Pradhan Mantri Awaas Yojana – Gramin.

¶5The instructions placed before this Court by Mr.N.K. Debnath, the learned counsel for the P & RD Department is kept on record and marked with the letter "X".

¶6With the above observations and directions, the petition stands disposed.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010188992018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5895/2018o DIBYAoBARMANoANDo8oORS.o S/O.oRAJARIoBARMAN,oR/O.oVILL.-oBISHKHOWAoPARToII,oP.O.oBISHKHOWA,o P.S.oGOLAKGANJ,oDIST.-oDHUBRI,oASSAM,oPIN-o783334. 2:oDHIRENoBARMANo@oDHIRENDRAoNATHoBARMAN oS/O.oMADHABoBARMAN oVILL.oBISHKHOWAoPARToII oASSAM.oPIN-o783334. 3:oPARESHoBARMAN oS/O.oHAWAoBARMAN oR/O.oVILL.oBISHKHOWAoPARToII 4:oKALIoPRAMANANoBARMAN oS/O.oDEBENDRAoNATHoBARMAN oR/O.oVILL.oBISHKHOWAoPARToII 5:oADHIRoBARMAN oS/O.oJOGENDRAoBARMAN oR/O.oVILL.oBISHKHOWAoPARToII PageoNo.#o2/5 6:oBOICHALoBARMAN oS/O.oCHARKUTIoBARMAN oR/O.oVILL.oBISHKHOWAoPARToII 7:oADESWARIoBARMAN oD/O.oRAJANIoBARMAN oR/O.oVILL.oBISHKHOWAoPARToII 8:oHEDESWARoBARMAN oS/O.oRADESWARoBARMAN oR/O.oVILL.oBISHKHOWAoPARToII 9:oJOGESHoCH.oBARMAN oS/O.oJUGALoKISHORoSARKAR oR/O.oVILL.oBISHKHOWAoPARToII oPIN-o783334o VERSUSo THEoSTATEoOFoASSAMoANDo7oORS.o REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDISPUR,oGHYo 06. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM PageoNo.#o3/5 oPANCHAYAToANDoRURALoDEVELOPMENToDEPTT. oDISPUR oGUWAHATI-06. 3:THEoDIRECTORoOFoPANCHAYAToANDoRURALoDEVELOPMENToDEPTT. oDISPUR oGHYo06. 4:THEoDEPUTYoCOMMISSIONER oDHUBRI oP.O. oP.S.oANDoDIST.oDHUBRI oPIN-o783301. 5:THEoPROJECToDIRECTORo(PoANDoRD) oDHUBRI oP.O. oP.S.oANDoDIST.oDHUBRI oPIN-o783301. 6:THEoBLOCKoDEVELOPMENToOFFICER oGOLAKGANJoDEVELOPMENToBLOCK oP.O.oANDoP.S.oGOLAKGANJ 7:THEoCHIEFoEXECUTIVEoOFFICER oZILLAoPARISHAD oDHUBRI oP.O.o oP.S.oANDoDIST.-oDHUBRI oPIN-o783301. 8:THEoSECRETARY oBISHKHOWAoGAONoPANCHAYAT Page No.# 4/5 PIN- 783334 For the Petitioner (s) : Mr. M.U. Mondal, Advocate. For the Respondent (s) : Mr. N.K. Debnath, Advocate. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH