WP(C) 66/2015. Gauhati High Court
| Case Number | WP(C) 66/2015 |
| Judgement Date | May 18, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM : NAGALAND : MI ZORAM & ARUNACHAL PRADESH)
WP( C) 66/ 2015
Md. Alauddin & Ors
……..Pet it ioner
- VERSUS -
The State of Assam & Ors.
BEFORE
HON’BLE MR. JUSTI CE ACHI NTYA MALLA BUJOR BARUA
Advocate for the petitioners :-Mr. R.A. Choudhury Advocate for the Respondent Nos. 1 to 9:- Mr. D. Nath
Advocate for the Respondent Nos. 12 to 20:- Mr. D. Nath
Date of Hearing & Judgment : 18.05.2017
JUDGMENT & ORDER ( ORAL)
Heard Mr. R.A. Choudhury, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Addl. Senior Govt. Advocate appearing for the respondent Nos. 1 to 9 as well as Mr. A. Matin, learned counsel appearing for the respondent Nos. 12 to 20.
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The petitioners herein are residents of the different villages under the Hindu Block Gaon Panchayat under the Jugijan Development Block in the Nagaon district. I t is stated that all the petitioners are BPL persons and they have no house to live for their shelter.
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I t is stated that earlier the names of the petitioners were included in the waiting list of Hindu Block Gaon Panchayat for the benefits under the I ndira Avash Yojona (I AY) scheme. But in spite of the names being included in the waiting list, the petitioners were
Page 1 of 4
………Respondents
not given the benefit. I n the present writ petition, the petitioners are aggrieved by the list of beneficiaries made for the year 2014-2015 pertaining to the Hindu Block Gaon Panchayat.
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I t is the case of the petitioners that under the guide lines of the I AY scheme, the petitioners are entitled for the benefit, but because of certain extraneous consideration involving the President of the concerned Gaon Panchayat, the names of the petitioners have not been included in the list of beneficiaries. I t is also stated by the learned counsel for the petitioners that although under the guidelines, the list is required to be prepared by the Gram Sabha, but in the instant case, no such meeting of the Gram Sabha was called and the list was prepared by the president on his own.
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On the other hand, Mr. D. Nath, learned Addl. Senior Govt. Advocate for the state respondent refers to the affidavit 12.03.2015 filed by the concerned development officer. I n paragraph-7 of the said affidavit, it has been stated that the Hindu Block Gaon Panchayat had convened the Gram Sabha on 22.10.2014 for selection of I AY beneficiaries for the year 2014-2015.
I t is also stated that the beneficiaries were not...
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