Tutumoni Das and 6 Ors v. The State of Assam and 6 Ors

ORDER Date : 04-12-2024 Heard Mr. H.P. Goala, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Additional Senior Government Advocate appearing for the respondents No.3, 4 and 5 as well as Mr. A. Chaliha learned standing counsel, Finance Department. None appears for the respondents No. 6 and 7.

¶2By filing this petition, the petitioners have assailed the select list of beneficiaries for 'Orunodoi' Scheme in respect of Hajo, LAC in the district of Kamrup, Assam issued by the authority and also have prayed for a direction to prepare a fresh list of beneficiaries by including the names of the petitioners.

¶3The petitioners claim to be hailed from poor family of Hajo LAC, having no adequate agricultural land and other means and amenities. They claimed to belong to BPL community having income, less than Rs.2 lakhs per-annum, therefore, are eligible under Clause 4 and 4(a) of the scheme called Page No.# 3/3 'Orunodoi', which has been formulated by the State of Assam for empowering the women of the State by providing financial support to economically vulnerable families.

¶4The petitioners also claim that some of them are persons with disability and the scheme provides that preference should be given to such persons. However, the authorities have prepared a list excluding the petitioners, who are the deserving persons under the said scheme.

¶5It is the contention of the petitioners that the list prepared by the competent authority included the persons, who are not entitled under the scheme whereas, the persons who are deserved, have been excluded from the beneficiaries list under the said scheme.

¶6Being aggrieved with the preparation of the list of beneficiaries by the competent authority, the petitioners have approached the Deputy Commissioner, Kamrup on 02.05.2023 praying for cancellation of the said beneficiary list.

¶7Thereafter, they have also filed another representation on 06.05.2023 addressing to the Hon'ble Chief Minister, Assam, the Deputy Commissioner, Kamrup, Additional Deputy Commissioner, Kamrup, Circle Officer, Hajo Revenue Circle and Block Officer.

¶8Having considered the submissions made by the learned counsel for both sides and also considering the nature of grievance raised by the petitioners as well as on the consent of the learned counsel for the parties, I am of the view that it would be appropriate to direct the Deputy Commissioner, Kamrup to consider the case of the petitioners as the petitioners have alleged discrepancies in preparation of the list of the beneficiaries and also for inclusion of their names in terms of the scheme formulated particularly to empower the women of the State by providing financial support to economically vulnerable families.

¶9Accordingly, this writ petition is disposed of with a direction to the petitioners to file a fresh representation before the appropriate authority particularly the District Commissioner, Kamrup within a period of 15 (fifteen) days from today. On receipt of the representation that would be filed by the petitioners as directed hereinabove, the District Commissioner, Kamrup shall consider the case of the petitioners and dispose of the representation within a period of 2 (two) months from the date of receipt of the representation.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010102672023 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2718/2023o TUTUMONIoDASoANDo6oORS.o W/OoMAHESHoDASoR/OoBARUABARIoKALITAKUCHIoDIST.oKAMRUPo ASSAMoPINo781102 2:oPOMPIoKALITA oW/OoCHANDANoKALITAoR/OoBARUABARIoKALITAKUCHIoDIST.oKAMRUPo ASSAMoPINo781102 3:oMUTT.oPUTUoBEGUM oW/OoMUKESHoALIoR/OoBARUABARIoKALITAKUCHIoDIST.oKAMRUPoASSAM PINo781102 4:oMUSTT.oJAHANARAoBEGUM oW/OoRATULoALIoR/OoJAPIAoHAJOoDIST.oKAMRUPoASSAMoPINo781102 5:oMUSTT.oAMINAoBEGUM oW/OoMATIURoRAHMANoR/OoJAPIAoHAJOoDIST.oKAMRUPoASSAMoPINo781102 6:oMUSTT.oASMAoARAoBEGUM oD/OoALTAFUDDINoAHMEDoR/OoHELACHAoHAJOoDIST.oKAMRUPoASSAMo PINo781102 7:oMUNUoKALITA oW/OoRATANoKALITAoR/OoBARUABARIoKALITAKUCHIoDIST.oKAMRUPo ASSAMoPINo78110o VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAMo DEPTT.oOFoFINANCEoINSTITUTIONALoFINANCEoDEPTT.oJANATAoBHAWANo DISPURoGUWAHATIo781006 2:PRINCIPALoSECRETARY Page No.# 2/3 TO THE GOVT. OF ASSAM FINANCE DEPTT. JANATA BHAWAN DISPUR GUWHATI 781006 3:DEPUTY COMMISSIONER KAMRUP AMINGAON PIN 781031 4:DISTRICT DEVELOPMENT COMMISSIONER KAMRUP AMINGAON PIN 781031 5:ADDL. DEPUTY COMMISSIONER DEVELOPMENT KAMRUP AMINGAON PIN 781031 6:SECRETARY TO THE PANCHAYAT AND RURAL DEVELOPMENT GOVT. OF ASSAM JANATA BHAWAN DISPUR GUWAHATI 781006 7:CHIEF EXECUTIVE OFFICER KAMRUP ZILA PARISHAD KAMRUP ASSAM PIN 78103 Advocate for the Petitioner : MR. B K DAS, H P NEOG,MR H P GUWALA,MD A ISLAM Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE KARDAK ETE