Dismissed

Shaikh Galib Shaikh Vahid and Others v. Ashok Shirse and Another

Bombay HC4 Nov 2019CP/409/2019

Case brief

AI extract

What is this about?

A contempt petition was filed claiming deprivation of benefits under Pradhanmantri Avas Yojana Gramin. The Court held that documents on record proved the petitioner was already allotted and had completed house construction in 2018, rendering the petition baseless.

What did the court decide?

The contempt petition was disposed of after finding no legal basis due to the petitioner's established entitlement and completion of the house benefits.

Shaikh Galib Shaikh Vahid and Others Vs… — Constitutional and Fundamental Rights | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CONTEMPT PETITION NO.409 OF 2019

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IN

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 WRIT PETITION NO.5109 OF 2017

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1. Shaikh Galib Shaikh Vahid Age : 50 years, Occu. : Labour, R/o : Premnagar, Village Nagad, Tq. Kannad, Dist. Aurangabad

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2. Shaikh Shakilabee Shaikh Ramjan, Age : 45 years, Occu. : Labour, R/o : Premnagar, Village Nagad, Tq. Kannad, Dist. Aurangabad

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3. Shaikh Hasan Shaikh Isak, Age : 55 years, Occu. : Labour, R/o : Premnagar, Village Nagad, Tq. Kannad, Dist. Aurangabad

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4. Pathan Shabir Pathan Isak, Age : 52 yrs., Occu. : Labour, R/o : Premnagar, Village Nagad, Tq. Kannad, Dist. Aurangabad . . . PETITIONERS

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VERSUS

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1.Shri.Ashok Shirse,
Age : Major, Occu. : Service,
The Project Officer,
District Rural Development Committee,
Aurangabad

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2.Shri.Vijay Pardeshi,
Age : Major, Occu. : Service,
The Block Development Officer,
(Grade-1), Panchayat Samiti,
Kannad, Dist. Aurangabad . . . RESPONDENTS

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----
Mr. Suresh P. Salgar, Advocate for the petitioners
Mr. S.N. Deshmukh, Advocate for respondent Nos.1 and 2

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CP409-2019

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CORAM :PRASANNA B. VARALE
 AND
ANIL S. KILOR, JJ.

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DATE :4th NOVEMBER, 2019

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PER COURT:

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By detailed order dated 29th August, 2019,
respondent Nos.1 and 2 were directed to file additional
affidavit-in-reply on a subsisting grievance in respect
of petitioner No.4 only.

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2.Mr.S.N.Deshmukh, learned counsel appearing for
respondent Nos.1 and 2 invited our attention to the
documents namely communication dated 19th September, 2019
addressed to him by Block Development Officer, Panchayat
Samiti, Kannad and a tabular statement under caption
“Beneficiary Details”. The said documents are taken on
record and marked as “X” collectively for the purpose of
identification.

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3.We were more than surprised to see that
petitioner No.4, who had raised a grievance before this
Court that in-spite of his claim and complying with the
necessary formalities, his name is not included in the
list of beneficiaries for allotment of house under the
scheme known as “Pradhanmantri Avas Yojana Gramin”.

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4.The documents placed on record clearly show
that the application was submitted by petitioner No.4
through online process in the year 2016-2017 itself.
Petitioner No.4 was allotted registration No.MH2378494.

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CP409-2019

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Not only the registration number was allotted to
petitioner No.4 but he was one of the beneficiaries to
whom the house was allotted which was constructed in
phase-wise manner. The tabular statement under the
caption “Beneficiary Details” clearly shows the name of
petitioner No.4, his bank details, installment in phase-
wise for the years 2016-2017, 2017-2018 and 2018-2019.
There are photographs of petitioner No.4 on completion
of each phase, such as the plinth level, lintel level,
roof casting and ultimately, completion of the work on
7th August, 2018. On completion of work, petitioner
No.4’s photograph standing in-front of the house is also
part of the tabular statement, referred to above. The
said tabular statement clearly shows that the
construction of the house was completed on 7th August,
2018.

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5.In-spite of above facts, contempt petition was
filed in this Court on 4th June, 2019. Least we say that
there was no reason for petitioner No.4 to approach this
Court when he was beneficiary of the Scheme and
construction of the house allotted to him was completed
in August, 2018. However, all these facts were not
brought to the notice of this Court and the Court was to
carry an impression as if petitioner No.4 though was
entitled for certain benefits, was deprived of such
benefits. This impression was nothing but the one
created for non presenting clear and correct picture
before this Court.

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6.In view of the above referred facts, nothing

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CP409-2019

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survives in this contempt petition and the same is
accordingly disposed of.

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[ANIL S. KILOR]
JUDGE

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[PRASANNA B. VARALE]

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JUDGE

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npj/CP409-2019

Shaikh Galib Shaikh Vahid and Others v. Ashok Shirse and Another

Case brief

What is this about?

What did the court decide?

Shaikh Galib Shaikh Vahid and Others v. Ashok Shirse and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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