RATHOD ARJANBHAI DUDHABHAI Vs. STATE OF GUJARAT ORS

JUDGEMENT

(1.) RULE . Ms.Kotecha, learned AGP waives notice of Rule for respondents Nos. 1 & 2 and Mr.Joshi, appears for respondent Nos. 3 & 4.

(2.) WITH the consent of learned advocates appearing for both the sides, the matter is finally heard.

(3.) THE short facts of the case appears to be that the petitioner belonging to Scheduled Caste had applied for financial assistance for construction of house as per the Scheme floated by the Government viz. Dr. Ambedkar Aavas Yojana. As per the petitioner, he was having the land which has been inherited by him from his forefathers at Ambardi, which is just at the near distance of Jasdan town. The application of the petitioner was considered and ultimately, the decision was taken to reject the application on the ground that the petitioner is residing at Jasdan with his brother Nanjibhai Dudabhai who has already obtained financial assistance from the Social Welfare Department and therefore, is not being recommended for grant of financial assistance as per the Scheme. It is the case of the petitioner that though he is regular resident of village Ambardi, on account of the harassment by some persons and the matter had also reached before this Court against the harassment and this Court had also issued certain directions for protecting the persons belonging to Scheduled Caste, therefore, he had no option but to stay with his brother at Jasdan. It is under these circumstances, the petitioner has approached to this Court by way of the present petition.