Allowed

Mokabul Hussain and 4 Ors. v. the Union of India and 7 Ors.

Gauhati HC1 Dec 2023WP(C)/1647/2023

Case brief

AI extract

What is this about?

Writ petition filed by heirs alleging unauthorized transfer of Pradhan Mantri Aawas Yojana Gramin Scheme allotment. Court directed the Deputy Commissioner to dispose of the pending representation within 30 days after a personal hearing.

What did the court decide?

Directed the Deputy Commissioner to dispose of the pending representation within 30 days after giving a personal hearing to the petitioner and the daughter-in-law.

Mokabul Hussain and 4 Ors. Vs the… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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Page No.# 1/5

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GAHC010061872023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1647/2023

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MOKABUL HUSSAIN AND 4 ORS SON OF LATE JAHER ALI, RESIDENT OF VILLAGE DUMORTOLA, P.O.- RADHA MADHAB HUT, P.S.- MANKACHAR, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM.

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2: RUBI BEGUM

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DAUGHTER OF LATE MANIRUDDIN @ MONOR UDDIN

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RESIDENT OF VILLAGE DUMORTOLA

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P.O.- RADHA MADHAB HUT

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P.S.- MANKACHAR

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DISTRICT- SOUTH SALMARA MANKACHAR ASSAM. PETITIONER NO. 2 IS MINOR AND REPRESENTED BY THE PETITIONER NO. 1.

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3: MOYNA BEGUM

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DAUGHTER OF LATE MANIRUDDIN @ MONOR UDDIN

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RESIDENT OF VILLAGE DUMORTOLA

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P.O.- RADHA MADHAB HUT

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P.S.- MANKACHAR

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DISTRICT- SOUTH SALMARA MANKACHAR ASSAM.

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PETITIONER NO. 3 IS MINOR AND REPRESENTED BY THE PETITIONER NO. 1.

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Page No.# 2/5

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4: AZIZ MIAH (MINOR) SON OF LATE MANIRUDDIN @ MONOR UDDIN

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RESIDENT OF VILLAGE DUMORTOLA

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P.O.- RADHA MADHAB HUT

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P.S.- MANKACHAR

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DISTRICT- SOUTH SALMARA MANKACHAR ASSAM. PETITIONER NO. 4 IS MINOR AND REPRESENTED BY THE PETITIONER NO. 1.

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5: SONALI BEGUM (MINOR)

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DAUGHTER OF LATE MANIRUDDIN @ MONOR UDDIN

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RESIDENT OF VILLAGE DUMORTOLA

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P.O.- RADHA MADHAB HUT

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P.S.- MANKACHAR

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DISTRICT- SOUTH SALMARA MANKACHAR ASSAM. PETITIONER NO. 5 IS MINOR AND REPRESENTED BY THE PETITIONER NO. 1

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VERSUS

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THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RURAL DEVELOPMENT, NEW DELHI- 110001.

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM

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PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

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DISPUR GUWAHATI-06.

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3:THE DEPUTY COMMISSIONER SOUTH SALMARA MANKACHAR P.O. AND P.S.- MANKACHAR PIN- 783131

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DISTRICT- SOUTH SALMARA MANKACHAR

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ASSAM.

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4:THE PROJECT DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY SOUTH SALMARA MANKACHAR P.O. AND P.S. MANKACHAR PIN- 783131 DISTRICT- SOUTH SALMARA MANKACHAR ASSAM. 5:THE ZILLA PARISHAD REPRESENTED BY THE CHIEF EXECUTIVE OFFICER SOUTH SALMARA MANKACHAR P.O. AND P.S. HATSINGIMARI DISTRICT- SOUTH SALMARA MANKACHAR ASSAM PIN- 783136. 6:THE BLOCK DEVELOPMENT OFFICER MANKACHAR DEVELOPMENT BLOCK P.O. AND P.S. - MANKACHAR PIN- 783131 DISTRICT- SOUTH SALMARA ASSAM. 7:THE SECRETARY PATHURI GAON PANCHAYAT P.O. RADHA MADHAB HUT P.S.- MANKACHAR PIN- 783135

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DISTRICT- SOUTH SALMARA MANKACHAR ASSAM. 8:AFRUJA KHATUN

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Page No.# 4/5

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W/O- MD. NUR ALOM

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P.O. RADHA MADHAB HUT

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P.S.- MANKACHAR PIN- 783135

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DISTRICT- SOUTH SALMARA MANKACHAR

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ASSAM

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Advocate for the Petitioner : MR R S CHAUHAN Advocate for the Respondent : DY.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 01/12/2023

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Heard Mr. R. S. Chauhan, learned counsel for the petitioners. Also heard Mr. N. K. D. Nath, learned standing counsel, P and RD Department; Ms. U. Das, learned Additional Senior Government Advocate and Mr. A. R. Tahbildar, learned CGC.

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This writ petition is filed by the petitioners who claimed to be the persons who are eligible to claim the benefit of affordable housing to Poor/BPL persons in rural areas in terms of Pradhan Mantri Aawas Yojana Gramin Scheme.

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According to the petitioner under the said scheme Pradhan Mantri Aawas Yojana Gramin Scheme vide Id No. 2677338 was allotted in the name of the son of the petitioner, Moniruddin under House Hold No. 030/0231. However, son of the petitioner expired on 08.10.2023 leaving behind 5 (five) minor children. It is submitted that the wife of the deceased son transferred the allotment of the house to her name without any authority. The applicant being the mother of the deceased, Moniruddin had represented before the Deputy Commissioner, South

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Salmara by representation dated 09.03.2023 praying for transfer of the allotted Pradhan Mantri Aawas Yojana Gramin Scheme house in favour of the granddaughter, one Rubi Begum, who is the daughter of the deceased Moniruddin. The said application is stated to be pending.

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The respondents although were permitted to complete their instructions they have not been posted with their instructions.

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Considering the limited prayer made in the writ petition, this Court is of the view that the matter need not be kept pending for want of instructions from the respondents.

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The Deputy Commissioner, South Salmara, namely the respondent No.3 is directed to dispose of the representation stated to be pending before the respondent No. 3 by passing an appropriate speaking order. The Deputy Commissioner, prior to disposing of the representation will give a personal hearing of the petitioner and the respondent No.8, who is stated to be the daughter-in-law of the petitioner and in whose name the allotted house has been transferred.

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Let the exercise be completed within a period of 30 (thirty) days from the date of receipt of certified copy of this order. Any such order that is passed, copies thereof be furnished to the petitioner and respondent No.8. The petitioner will placed the certified copy of this order before the Deputy Commissioner, South Salmara within a period of 2 (two) weeks from today.

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Writ petition is disposed of in terms of the above.

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JUDGE

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Comparing Assistant

Mokabul Hussain and 4 Ors. v. the Union of India and 7 Ors.

Case brief

What is this about?

What did the court decide?

Mokabul Hussain and 4 Ors. v. the Union of India and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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