Page No. 1/14 GAHC010165512022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5519/2022 ABUL HUSSAIN LASKAR AND 52 ORS S/O LATE MONTAJ ALI LASKAR, VILLAGE - KANCHANPUR PART-I, P. O. RATAKANDI, P.S AND DIST. HAILAKANDI, (ASSAM). 2: ABDUL HASIM LASKAR S/O SAJJAD ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 3: ABDUL RAHMAN LASKAR S/O JUNAB ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 4: LAKHIR HUSSAIN LASKAR S/O- ABDUL REJAK LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 5: NUR UDDIN LASKAR S/O- MOFUR ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. KANCHANPUR P.S AND DIST. HAILAKANDI (ASSAM). 6: NAJIM UDDIN BARBHUIYA S/O LT. MONIR UDDIN BARBHUIYA Page No. 2/14 VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 7: HAKAT ALI LASKAR S/O SIPOT ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 8: SAM UDDIN BARBHUIYA S/O SIPOT ALI BARBHUIYA VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 9: FAIJUR RAHMAN LASKAR S/O JUNAB ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 10: PACHAN ALI LASKAR S/O ROTAI MIYA LASKAR@ TAJAMUL ALI VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 11: ALI AHMED LASKAR S/O JOBAN ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 12: MOSAN ALI LASKAR S/O KALAMONI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 13: DILWAR HUSSAIN LASKAR Page No. 3/14 S/O LT. DHONAI MIA LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 14: KHATUN BIBI LASKAR D/O LATE MOSOD ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. KANCHANPUR P.S AND DIST. HAILAKANDI (ASSAM). 15: LAILI BEGUM LASKAR D/O RAHID ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. KANCHANPUR P.S AND DIST. HAILAKANDI (ASSAM). 16: REJAK ALI LASKAR @ ABDUL REJAK LASKAR S/O BODOI MIYA LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 17: MOKLIS UDDIN LASKAR S/O LT. JUNAB ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 18: NAHAR UDDIN LASKAR S/O MANTAZ ALIM LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 19: SABIR HUSSAIN LASKAR S/O MANTAJ ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). Page No. 4/14 20: ABDUL KUDDUS ANSARI S/O LT. TAJAMUL ALI ANSARI VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 21: KALAM UDDIN LASKAR S/O ROBAN ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 22: FOKAR UDDIN ANSARI S/O NUR UDDIN ANCHARI VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 23: SALAM UDDIN LASKAR S/O ABDUL NOOR LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 24: INAM UDDIN LASKAR S/O MANJIR ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 25: JAMAL UDDIN LASKAR S/O LT. MOKBUL ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 26: NAJIR UDDIN LASKAR S/O FHAYJUL HOQUE LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). Page No. 5/14 27: JAMAL UDDIN LASKAR S/O ARJID ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 28: NUR AHMED LASKAR S/O LATE HILAL UDDIN LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 29: SUKKUR ALI LASKAR S/O LATE AJDANI MIA LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 30: FURKAN ALI LASKAR S/O JARAN ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 31: SAHAB UDDIN LASKAR @ SAB UDDIN LASKAR S/O ARJID ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 32: ABDUL JALIL LASKAR S/O- LATE. SAJID ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 33: JIABUR RAHMAN @ JIABUR RAHMAN LASKAR S/O ASAR UDDIN LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI Page No. 6/14 (ASSAM). 34: RESHMA BEGUM LASKAR C/O LATE AKBAR ALI LASKAR VILLAGE - KANCHANPUR PART-I P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 35: NISAK UDDIN @ NISAK UDDIN LASKAR S/O GULU MIYA LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 36: JALAL UDDIN ANSARI S/O SAMS UDDIN ANCHARI VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 37: SAMAD ALI LASKAR S/O HABIB ALI LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 38: CHINUWARA BEGUM @ CHINU BIBI MAZUMDER D/O LATE ISEHAR ALI LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 39: NOOR AHMED BARBHUIYA S/O LATE. SIKANDAR ALI BARBHUIYA VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 40: JOYNUL HUSSAIN LASKAR S/O UMED ALI LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI Page No. 7/14 P.S AND DIST. HAILAKANDI (ASSAM). 41: RAWAB UDDIN LASKAR S/O RAHMAT ALI LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 42: KAMAL UDDIN LASKAR S/O GULU MIA LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 43: SARIF UDDIN LASKAR S/O ABDUL KARIM VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 44: SAHAB UDDIN LASKAR S/O ARJUMOND ALI LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S. AND DIST. HAILAKANDI (ASSAM). 45: NIJAM UDDIN LASKAR S/O MAKBUL ALI LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S. AND DIST. HAILAKANDI (ASSAM). 46: KABIR AHMED BARBHUIYA S/O LT. SIKANDAR ALI BARBHUIYA VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S. AND DIST. HAILAKANDI (ASSAM). 47: HUSNA BEGOM LASKAR D/O LT. SORAFOT ALI LASKAR VILLAGE - KANCHANPUR PART-I Page No. 8/14 P.O. RATAKANDI P.S. AND DIST. HAILAKANDI (ASSAM). 48: AFTAB UDDIN LASKAR S/O MOJARAF ALI LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S. AND DIST. HAILAKANDI (ASSAM). 49: NAJMA BEGOM LASKAR @ MONOWARA BEGUM D/O LT. ABDUL BASIT VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S. AND DIST. HAILAKANDI (ASSAM). 50: RAFIK UDDIN LASKAR S/O MOSAID ALI LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S. AND DIST. HAILAKANDI (ASSAM). 51: TAJ UDDIN LASKAR S/O LT. SIDDEK ALI LASKAR VILLAGE - KANCHANPUR PART-I P.O. RATAKANDI P.S. AND DIST. HAILAKANDI (ASSAM). 52: JAKIR HUSSAIN @ JAKIR HUSSAIN LASKAR S/O MOJOROF ALI LASKAR VILLAGE - KANCHANPUR PART-II P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM). 53: RABIYA BEGOM LASKAR @ MELAI BEGUM LASKAR D/O LATE MONTAJ ALI LASKAR VILLAGE - KANCHANPUR PART-II P. O. RATAKANDI P.S AND DIST. HAILAKANDI (ASSAM) VERSUS Page No. 9/14 THE STATE OF ASSAM AND 6 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI- 6. 3:THE DEPUTY COMMISSIONER HAILAKANDI P.S. AND DIST.- HAILAKANDI ASSAM. 4:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD HAILAKANDI P.S. AND DIST.- HAILAKANDI ASSAM. 5:THE BLOCK DEV. OFFICER HAILAKANDI DEVELOPMENT BLOCK HAILAKANDI ASSAM. 6:THE PRESIDENT KANCHANPUR G.P. HAILAKANDI 7:THE SECRETARY KANCHANPUR G.P. HAILAKANDI Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,B. PATHAK,MS A BEGUM Advocate for the Respondent : SC, P AND R.D., GA, ASSAM Linked Case : WP(C)/5522/2022 ALTAF HUSSAIN TARAFDAR AND 10 ORS S/O- LATE AJOB ALI TARAFDAR VILLAGE- NARAINPUR PART-III P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). 2: LILU MIA TARAFDAR Page No. 10/14 C/O- ABRAHIM ALI TARAFDER VILLAGE- NARAINPUR PART-III P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). 3: JAMIR ALI TARAFDAR C/O- MOSODDOR ALI TARAFDAR VILLAGE- NARAINPUR PART-III P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). 4: AFTAB UDDIN TARAFDAR S/O- JAMIR ALI TARAFDAR VILLAGE- NARAINPUR PART-III P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). 5: TAJ UDDIN LASKAR C/O- LT. SORAFAT ALI LASKAR VILLAGE- NARAINPUR PART-IV P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). 6: SARIM UDDIN LASKAR @ SAMIM UDDIN LASKAR C/O- LT. NOJIR AHMED LASKAR VILLAGE- NARAINPUR PART-IV P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). 7: SHAIDUL HUSSAIN LASKAR C/O- NURUL HOQUE LASKAR VILLAGE- NARAINPUR PART-III P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). 8: NURUL HOQUE LASKAR C/O LT. DALU MIA LASKAR VILLAGE- NARAINPUR PART-III P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). 9: AMIRUN NESSA TARAFDAR W/O DALU MIA TARAFDAR VILLAGE- NARAINPUR PART-III P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). 10: KHAIRUN NESSA TARAFDAR Page No. 11/14 W/O- SUNAHOR ALI TARAFDER VILLAGE- NARAINPUR PART-III P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). 11: AMIR HUSSAIN TARAFDAR C/O- ALSOL ALI TARAFDAR VILLAGE- NARAINPUR PART-III P.O.- NARAINPUR P.S. AND DIST.- HAILAKANDI (ASSAM). VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6. 3:THE DEPUTY COMMISSIONER HAILAKANDI P.S. AND DIST. HAILAKANDI ASSAM. 4:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD HAILAKANDI P.S. AND DIST. HAILAKANDI ASSAM. 5:THE BLOCK DEV. OFFICER HAILAKANDI DEVELOPMENT BLOCK HAILAKANDI ASSAM. 6:THE PRESIDENT NARAINPUR G.P. HAILAKANDI. 7:THE SECRETARY NARAINPUR G.P. HAILAKANDI. Page No. 12/14 Advocate for : MR. A M BARBHUIYA Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM AND 6 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 21.03.2025 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners in both the writ petitions; Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for the respondent nos. 1, 2, 4, 5 & 7; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent no. 3. 2. Fifty-three petitioners in W.P.[C] no. 5519/2022 and eleven petitioners in W.P.[C] no. 5522/2022 have approached this Court by the two writ petitions seeking similar relief, that is, a direction to the respondent authorities to consider their cases for granting financial facilities and to include them in the list of beneficiaries for Pradhan Mantri Awas Yojana – Gramin [PMAY-G]. 3. Mr. Dutta, learned Standing Counsel, P&RD Department has submitted that he has received instructions from the Chief Executive Officer, Hailakandi Zilla Parishad [the respondent no. 4] vide an Office Letter no. HZP.1361/WP[C] no. 5519/2022 dated 10.03.2025. He has submitted that in the instructions placed before him by the respondent no. 4, it has been stated that a process has already been initiated to examine the eligibility of these sixty-four nos. of petitioners and in the process, sixteen nos. of petitioners have been found to be eligible to get the benefit under the PMAY-G Scheme and accordingly, their names have already been included in the Priority List for the Survey Year – 2018. He has further submitted that the eligibility of the remaining forty-eight nos. of petitioners would be examined and considered in the ongoing survey being conducted by the Assam State Rural Livelihood Mission [ASRLM] and their inclusion in the list of Page No. 13/14 beneficiaries would be finalised on the basis of the findings recorded in the ongoing survey. 4. Both Mr. Dutta, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department and Mr. Barbhuiya, learned counsel for the petitioners have submitted, in similar lines, that both the writ petitions can be closed with a direction that the respondent authorities to complete the ongoing survey within a reasonable period of time for finding out the eligibility or otherwise of the remaining forty-eight nos. of petitioners for their inclusion in the list of beneficiary under the PMAY-G Scheme. 5. From the submissions made by the learned Standing Counsel, P&RD Department, who has submitted on the basis of instructions, it is noticed that out of the sixty-four nos. of petitioners, sixteen nos. of petitioners have been found eligible to be included in the list of beneficiaries under the PMAY-G Scheme and accordingly, their names have already been included in the Priority List of Survey Year – 2018. In so far as the remaining forty- eight nos. of petitioners are concerned, the ASRLM would consider their eligibility or otherwise for inclusion in the list of beneficiaries under the PMAY-G Scheme during the course of the ongoing survey. Since the survey is being undertaken at present and the matter of eligibility or otherwise of the remaining forty-eight nos. of petitioners for inclusion in the list of beneficiaries in the PMAY-G Scheme is subject to fulfilment of the conditions of the eligibility, this Court is of the considered view that instead of keeping this writ petitions pending, both the writ petitions can be disposed of with a direction to the respondent authorities to proceed with ongoing survey to examine the eligibility or otherwise of the remaining forty-eight nos. of petitioners under the PMAY-G Scheme. It is accordingly ordered. It is further observed that the eligibility or otherwise of the remaining forty-eight nos. of petitioners shall be completed as expeditiously as possible, but within an outer limit of four months from today. 6. With the observations and direction made above, both the writ petitions are disposed of. There shall, however, be no order as to cost. Page No. 14/14 7. A copy of the Office Letter no. HZP.1361/WP[C] no. 5519/2022 dated 10.03.2025, placed by Mr. Dutta, is kept with the case records. JUDGE Comparing Assistant