Disposed

Bhagyadhar Khatua v. Collector,Kendrapara

Orissa HC5 Aug 2015WP(C)/14076/2015

Case brief

AI extract

What is this about?

A writ petition challenging the issuance of notifications listing beneficiaries of the Biju Pakka Ghar Yojana contrary to eligibility criteria. The Court directed the Collector to enquire into the grievance and dispose of it within eight weeks, disposing of the writ petition itself in the meantime.

What did the court decide?

Direction to Collector, Kendrapara to enquire into petitioner's representation and verify eligibility within eight weeks and dispose of the matter.

The petitioner has approached this Court for issuance of appropriate direction upon th e opposite parties to quash the notification dated 18.05.2015 (Annexure-2) containing the list of the beneficiaries, which according to the petitioner has been given benefit of Biju Pakka Ghar Yojana although they are not entitled as per the eligibility criteria fixed in the resolu tion passed by the Government.

The contention of the learned counsel for the petitioner is that the petitioner being a Physically Handicapped is supposed to be given preference as per the decision taken by the G overnment but the authorities without considering the case of the petitioner has extended the benefit of the scheme in favour of other persons who are not at all eligible.

The petitioner has made due representation before the Collector, Kendrapara for redres sal of his grievance on the ground that he is the most eligible person coming under the left o ut Bellow Poverty Line but till date no decision has been taken in this regard. Learned counsel for the State has submitted that the subject matter which has been rai sed by the petitioner needs enquiry as such he has submitted that appropriate direction may be passed to the Collector, Kendrapara to take decision on the representation which has been pre ferred by the petitioner.

The Collector, Kendrapara will enquire into the matter in detail by calling for the re cords from the respective Blocks and shall verify the eligibility part so that the eligible pe rsons shall be given benefit of the said resolution.

The Collector, Kendrapara if finds that the local authorities have committed any irreg ularities, extended the benefit contrary to the prescribed laws in the resolution, he shall ta ke appropriate action against the authorities.

It is expected that the Collector shall take decision in this regard within eight week s from the date of receipt of the representation and shall pass speaking order which shall be communicated to the petitioner.

If the Collector comes to the conclusion that the grievance raised by the petitioner i s genuine and if he is entitled to be given benefit of the scheme, consequential benefits shal l be extended in favour of the petitioner without any further delay. Accordingly, the writ petition is disposed of.

Bhagyadhar Khatua v. Collector,Kendrapara

Case brief

What is this about?

What did the court decide?

Bhagyadhar Khatua v. Collector,Kendrapara

Case brief

What is this about?

What did the court decide?

What the court decided

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