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2025 DAILYLAW 18869 (GAU)

RINKU NATH AND 3 ORS v. THE STATE OF ASSAM AND 7 ORS

WP(C)/6460/2022 · 2025-05-01

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010200762022 2025:GAU-AS:5416 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6460/2022 RINKU NATH AND 3 ORS S/O- DHIRENDRA NATH 2: NIHAR RANJAN ROY S/O- LATE GIRINDRA ROY 3: ANUP ROY S/O- LATE BORAGANSI ROY 4: JAYANTI ROY W/O- LATE HORESH CH. ROY R/O- GANGPARDHUMKAR NARAINPUR TUPKHANA GAON PANCHAYAT DIST- HAILAKANDI ASSA VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE MISSION DIRECTOR PMAY (G) DISPUR GUWAHATI-781006 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI JURIPAR Page No.# 2/4 GUWAHATI- 37 4:THE DEPUTY COMMISSIONER P.O AND DIST- HAILAKANDI ASSAM 5:THE BLOCK DEVELOPMENT OFFICER CUM THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD ASSAM 6:THE ANCHALIK PANCHAYAT REP. BY ITS PRESIDENT GANGPARDHUMKAR PART IV HAILAKANDI ASSAM 7:THE PRESIDENT NARAINPUR TUPKHANA G.P HAILAKANDI ASSAM 8:THE SECRETARY NARAINPUR TUPKHANA G.P HAILAKANDI ASSA Advocate for the Petitioner : MS. R CHOUDHURY, MS A DAS,MRS. S ROY Advocate for the Respondent : SC, P AND R.D., GA, ASSAM BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R 02.05.2025 Heard Ms. R. Choudhury, learned counsel for the petitioners. Also heard Mr. Page No.# 3/4 S. Dutta, learned Standing Counsel for the P&RD Department. 2. The challenge made in this writ petition is to the Pradhan Mantri Awaas Yonjana Gramin (PMAY-G) beneficiaries list as on 05.06.2022 under Gangpardhumkar Group No.7 (Narainpur Tupkhana G.P.) in which the name of the petitioners are not included and also prayed for a direction to the respondent to prepare the revised list on PMAY-G of the said area. 3. The respondent no.5 i.e. the Block Development Officer cum the Chief Executive Officer, Hailakandi Zilla Parishad, at Hailakandi by filing the affidavit has stated that as per PMAY-G guidelines, the beneficiaries must have their names in SECC list and auto generated list. As the petitioners’ names were not included in SECC census list, therefore, their names were not included in PMAY- G auto generated list and “AWAS PLUS” 2017-2018. 4. Mr. S. Dutta, learned Standing Counsel for the P&RD Department submits that the procedure for enlistment in the beneficiaries list has change from this year i.e. 2025 and admittedly since the name of the petitioners are not included in the earlier list, the petitioner may get themselves enlisted. 5. Ms. R. Choudhury, learned counsel for the petitioner fairly submits that, if the procedure has been changed, the petitioner would get themselves enlisted as per the new procedure. 6. Having considered the submissions of the learned counsel for the parties, I am of the view that no issue is left to be determined, as the petitioners may apply for enlistment of their names as per the new procedure for availing the benefit of PMAY-G. 7. Accordingly, as agreed to by the learned counsel for the parties, this writ petition stands closed with an observation that the petitioners may get Page No.# 4/4 themselves enlisted in the beneficiaries list, as per the new procedure on such enlistment, the respondent authority shall consider and provide benefits of PMAY-G, if found entitled. 8. The writ petition stands closed and disposed of. JUDGE Comparing Assistant