Petitioners, identified as BPL beneficiaries under Indira Awas Yojana, alleged erroneous allotment of houses to others. Petition dismissed for non-prosecution as no counsel appeared for petitioners or primary respondent.
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GAHC010007582011
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4277/2011
1:KHALIL ALI and 3 ORS. S/O- LT. MEMRO ALI, VILL.- KHARIDAL, P.O.- HATIPARA.
2: ELAS ALI @ ILIAS ALI S/O- LT. ALIM ALI VILL.- MERGANDA P.O.- HATIPARA.
3: MUSSTT. EMIRAN BIBI ON THE DEATH OF AKRAM ALI W/O- LT. AKRAM ALI VILL.- KHARIDAL P.O.- HATIPARA.
4: ABDUL JALIL S/O- LT. AHAD ALI VILL. and P.O. - HATIPARA ALL OF P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM
VERSUS
1:STATE OF ASSAM and ORS.
TO BE REP. BY THE COMMISSIONER and SECY. PANCHAYAT and RURAL DEVELOPMENT DEPTT., DISPUR, GHY- 6.
3:THE DY. COMMISSIONER R KAMRUP AT AMINGAON
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GUWAHATI- 781101. 4:THE BLOCK DEVELOPMENT OFFICER DISBURSING OFFICER GOROIMARI DEVELOPMENT BLOCK GOROIMARI DIST.- KAMRUP R ASSAM PIN- 781137. 5:EUSUF ALI PRESIDENT OF 14 NO. HATIPARA GAON PANCHAYAT P.O.- HATIPARA P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM PIN- 781137. 6:LALIT SAUD SECY. OF 14 NO. HATIPARA GAON PANCHAYAT P.O.- HATIPARA P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM PIN- 781137. 7:BHUTO BIBI W/O- KHALIL ALI VILL.- RANGADUKUA P.O.- AG-GUMI P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM PIN- 781137. 8:MUSSTT. ARFATUN BEGUM W/O- BAHAR ALI VILL.- MERGANDA P.O.- HATIPARA P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM PIN- 781137. 9:SAMALA KHATUN C/O- AKRAM ALI VILL.- N.K. KHARIDAL P.O.- HATIPARA
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P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM PIN- 781137.
10:AIMANA KHATUN C/O- ABDUL JALIL VILL. and P.O.- HATIPARA P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM PIN- 781137
Advocate for the Petitioner : MR.A A KHAN
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR JUSTICE UJJAL BHUYAN
ORDER
Date : 05-02-2019
None appears for the petitioners on call.
There is also no representation on behalf of the Panchayat and Rural Development Department, Government of Assam, though Mr R Dhar, learned Government Advocate, Assam is present.
Grievance of the petitioners is that though they were identified as persons below poverty line (BPL) and thus qualified as beneficiaries under Indira Awas Yojana (IAY) Scheme, funds for construction of houses which were supposed to be allotted to them were in fact, allotted to respondent Nos. 7 to 10.
Notice in this case was issued on 02.12.2011, but without any interim order. Subsequently, rule was issued on 07.09.2012 again without any interim order.
In the affidavit of respondent No. 6, stand taken is that selection of beneficiaries under Indira Awas Yojana (IAY) Scheme was made by the Gaonsabha . Indira Awas Yojana (IAY) Scheme provides for allotment of dwelling unit in the name of both husband and wife. As per decision of Gaonsabha , respondent Nos. 7 to 10 were allotted the dwelling units since they fulfilled the eligibility criteria being persons below poverty line (BPL). It is stated that respondent Nos. 7 to 10 received the construction
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amounts during the year 2007-2008 and dwelling units had since been constructed by them.
That being the position, Court is not inclined to intervene in the matter.
However, since there is no representation on behalf of the petitioners, writ petition is dismissed for non-prosecution.
JUDGE
Comparing Assistant
KHALIL ALI and 3 ORS.
STATE OF ASSAM
UJJAL BHUYAN
As recorded by the court registry
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