IDRIS ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) INDIRA Awaas Yojana (in short, IAY') is a developmental scheme of the Ministry of Rural Development, Government of India, which aims at providing houses, through Panchayat system, to the poor in the rural areas. Under the IAY, Project Director, District Rural Development Agency (in short, DRDA'), Kamrup, Assam, fixed a target of 33 number of houses, for the year 2008-09, in respect of Muktapur Gaon Panchayat, which falls under Bihdia Jajikona Development Block. On 11. 08. 2008, Secretary of Muktapur Gaon Panchayat convened a Gram Sabha' for selection of beneficiaries of the said scheme for the year 2008-09. In the said meeting of Gram Sabha', held on 11. 10. 2008, as many as 150 beneficiaries were selected for providing IAY houses under Muktapur Gaon Panchayat. Acting upon the resolution, so adopted, a letter, dated 17. 11. 2008, was issued by Secretary, Muktapur Gaon Panchayat, forwarding to the Block Development Officer, Bihdia Jajikona Development Block, Kamrup, a list of 33 beneficiaries, whose names appear from Sl. No. 1 to 33, of the said 150 selected beneficiaries, requesting release of funds. The Block Development Officer (in short, BDO') of the said Development Block did not, however, act on the said list of beneficiaries. The Block Development Offiecr, instead of acting upon the list, which had been forwarded to him by the letter, dated 17. 11. 2008, aforementioned, decided to act upon another list containing 33 names. The list, sought to be so acted upon by the Block Development Officer, was contended to have been waiting list, which was claimed to have been made in terms of the resolution of a meeting of Gram Sabha', held on 21. 09. 2006, in the office of Muktapur Gaon Panchayat. As the list, which had been forwarded by the Secretary, Muktapur Gaon Panchayat, by his letter, dated 17. 11. 2008, aforementioned, was not being acted upon by the Block Development Officer as mentioned hereinbefore, some of the beneficiaries of the select list, which had been adopted in the meeting of the Gram Sabha' on 11. 10. 2008, filed a writ petition, under Article 226, seeking to get set aside the list, which had been prepared on 21. 09. 2006 and which list the Block Development Officer had sought to act upon. The petitioners, in the said writ petition, also sought for passing appropriate directions to the State respondents to release fund so that the said petitioners could receive the benefits, meant for them, in terms of the resolution, adopted, on 11. 10. 2008, by the Gram Sabha'. This writ petition gave rise to WP (C) No. 748/2009.

(2.) WHILE issuing notice of motion on 27. 11. 2009, an interim direction was passed, in WP (C) No. 748/2009, to the effect that the State respondents shall not to issue cheques in favour of the private respondents, whose names appear in the said waiting list, dated 21. 09. 2006, which stood impugned in the said writ petition, and which list the Block Development Officer had sought to act upon.

(3.) FOR the sake of brevity and clear understanding of the respective cases of the parties concerned, the writ petitioners of WP (C) No. 748/2009 are hereinafter referred to as the first group of petitioners' and the writ petitioners of WP (C) No. 1922/2009 are hereinafter referred to as the second group of petitioners'.