High Court disposed of a writ petition where petitioners claimed entitlement to housing benefits. Court directed authorities to adjudicate the claim of one remaining petitioner within three months.
Direct authorities to adjudicate petitioner no. 7's claim and record reasons within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010201212018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6284/2018
RASHMOT ALI AND 7 ORS. S/O- NAHAR ALI, VILL- KALGACHIA, P.O AND P.S- KALGACHIA, DISTBARPETA, ASSAM, PIN- 781319
2: ASHAN ALI S/O- NOIMUDDIN VILL- DIMAPUR P.O AND P.S- KALGACHIA DIST- BARPETA ASSAM PIN- 781319 3: ABED ALI S/O- SUKUR ALI VILL- DIMAPUR P.O AND P.S- KALGACHIA DIST- BARPETA ASSAM PIN- 781319 4: JAMAL UDDIN S/O- KHORSHED ALI VILL- DIMAPUR P.O AND P.S- KALGACHIA DIST- BARPETA ASSAM PIN- 781319
5: JAFAR ALI S/O- ABU BAKKAR VILL- DIMAPUR P.O AND P.S- KALGACHIA DIST- BARPETA ASSSAM PIN- 781319
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6: AKKAS ALI S/O- HUSSAIN ALI VILL- SUTIR PATHAR P.O AND P.S- KALGACHIA DIST- BARPETA ASSAM PIN- 781319
7: AMSER ALI S/O- MESER ALI VILL- DIMAPUR P.O AND P.S- KALGACHIA DIST- BARPETA ASSAM PIN- 781319
8: HASHMAT ALI S/O- JOLISH KHAN VILL- KALGACHIA P.O AND P.S- KALGACHIA DIST- BARPETA ASSA
VERSUS
THE UNION OF INDIA AND 4 ORS
REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF RURAL DEVELOPMENT DEPTT, NEW DELHI- 01
2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT DISPUR GHY- 6
3:THE DEPUTY COMMISSIONER BARPETA ASSAM PIN- 781301
4:THE BLOCK DEVELOPMENT OFFICER RUPSHI DEVELOPMENT BLOCK KALGACHIA BARPETA ASSAM PIN- 781319
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5:THE SECRETARY 5 NO. KALGACHIA GAON PANCHAYAT KALGACHIA BARPETA ASSAM PIN- 78131
Advocate for the Petitioner : MD H R AHMED
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER
07-12-2020
Heard Shri A. Islam, learned counsel for the petitioners, who are 8(eight) in numbers and are aggrieved by the fact that benefits have not been given to them in spite of they being eligible.
Shri M. Nath, the learned Standing Counsel P & R D Department has placed before this Court the instructions received by him as per which, so far as petitioner nos. 1, 2, 4 & 5 are concerned, constructions of the houses have already been completed.
It is further submitted that so far as the petitioner nos. 3, 6 & 8 are concerned, their names are also included in the list of beneficiary and would be provided the houses in due course, if not already done. Consequently, only the entitlement of petitioner no. 7 remains to be adjudicated.
Since the disputing at hand has been substantially resolved at the level of the authorities the entitlement of the respondent no. 7 may also be taken into consideration by the said authorities and pass consequential orders. In case of rejection of the claim, reasons are to be recorded and communicated to the petitioner no. 7.
Such action be taken within a period of 3(three) months from today. Writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
RASHMOT ALI AND 7 ORS.
THE UNION OF INDIA
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
