Gauhati High Court
Page No.# 1/ vs The State Of Assam And 7 Ors on 8 September, 2023
Page No.# 1/11
GAHC010032352016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7436/2016
SAHABUDDIN AHMED and 26 ORS.
S/O- LT. AKBAR ALI, R/O VILL.- SANIADI, HAJO, P.O.- SANIADI, P.S.- HAJO,
DIST.- KAMRUP R, ASSAM.
2: MANIK ALI
S/O- LT. PULUNG ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
3: BUBUL ALI
S/O- HAMUDULLAH ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
4: JIAUR RAHMAN
S/O- LT. NIJAM ALI
R/O VILL.- ADHIARPARA
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
5: TAHER ALI
S/O- LT. KADAM ALI
R/O- DEHARKURIHA
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
Page No.# 2/11
ASSAM.
6: MOSTAFA AHMED
S/O- RAHIMSHA ALI
R/O- DOLOITOLA
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
7: IMRAN HUSSAIN
S/O- EUROM ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
8: NURMOHAMMOD
S/O- LT. JAHAR HAQUE
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
9: NURJAHAN BEGUM
W/O- MOSTAFA ALI
R/O- DEHARKURIHA
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
10: SAFIKUR RAHMAN
S/O- LT. MAZAMI ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
11: RAJIB KUMAR
S/O- SADAR KUMAR
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
Page No.# 3/11
ASSAM.
12: SAFIULLAH
S/O- LT. HASAN ALI
R/O- BIHDIA
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
13: ABDUL KARIM
S/O- LT. ASAN ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
14: TAFIKUL HUSSAIN
S/O- TAIJUDDIN AHMED
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
15: MUKUT ALI
S/O- LT. HAIDAR ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
16: ATIKUR RAHMAN
S/O- JALALUDDIN AHMED
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
17: SHAHIDUL ALI
S/O- SALIM ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
Page No.# 4/11
ASSAM.
18: ATAUR RAHMAN
S/O- LT. EUSUF ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
19: ALAUDDIN AHMED
S/O- LT. SAMSUR ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
20: RAHMAN ALI
S/O- LT. RAJAT ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
21: OWAJ ALI
S/O- LT. CHAND MOHAMMAD ALI
R/O- DOLOITOLA
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
22: HIRA BEGUM
W/O- FARUK HUSSAIN
R/O- SANIADI PANIYARPAR
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
23: GIASUDDIN AHMED
S/O- CHAFAT ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
Page No.# 5/11
ASSAM.
24: SMASUL HAQUE
S/O- NAJIRUDDIN AHMED
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
25: AFZALUR RAHMAN
S/O- YEAR ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
26: IMRAN HUSSAIN
S/O- NURUDIN AHMED
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
27: KOUCHER ULLAH
W/O- LT. TAHER ALI
R/O VILL.- SANIADI
P.O.- SANIADI
P.S.- HAJO
DIST.- KAMRUP R
ASSAM
VERSUS
THE STATE OF ASSAM and 7 ORS.
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY- 6.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
JURIPAR
PANJABARI
GHY- 37.
3:THE DY. COMMISSIONER
Page No.# 6/11
KAMRUP R
ASSAM
AMINGAON
DIST.- KAMRUP R
ASSAM.
4:THE PROJECTOR DIRECTOR
DRDA
KAMRUP R
ASSAM.
5:THE BLOCK DEVELOPMENT OFFICER
HAJO DEVELOPMENT BLOCK
HAJO
KAMRUP R
ASSAM.
6:THE EXECUTIVE OFFICER
ANCHALIK PANCHAYAT
HAJO
KAMRUP R
ASSAM.
7:THE SECRETARY
96 NO. SANIADI GAON PANCHAYAT
HAJO
P.O. and P.S.- HAJO
DIST.- KAMRUP R
ASSAM.
8:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE B DEPTT.
DISPUR
GUWAHATI
For the Petitioners : Mr. J. I. Barbhuiya, Advocate.
For the Respondents : Mr. R. Borpujari, SC, Finance Deptt., Assam.
Ms. N. Bora, SC, P & RD Deptt., Assam.
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Page No.# 7/11
Judgment & Order
08.09.2023
The instant writ petition has been filed by the petitioners seeking inter-alia
a direction to provide the remaining benefit of Rs.10,000/- each to each of the
petitioners in respect to the CM's Special Scheme Financial Assistant for
construction of 1,26,000 dwelling houses for homeless people.
2. From a perusal of the materials on record it reveals that the Secretary to
the Government of Assam, Panchayat & Rural Development Department had
issued a notification on 30.10.2015 whereby an amount of Rs.25,000/- each was
to be disbursed to 800 numbers of beneficiaries from General category and 200
numbers for minority community for the year 2015-16 in respect to a scheme i.e.
CM's Special Scheme Financial Assistance for construction of 1,26,000 dwelling
houses for homeless people. The petitioners herein have already received
Rs.15,000/- out of the said amount of Rs.25,000/-. The petitioners herein are
aggrieved on account of the non-releasing/disbursement of the remaining
amount of Rs.10,000/- to each of the petitioners.
3. It reveals from the records that this Court vide order dated 09.12.2016
had issued notice making it returnable by five weeks. The records clearly show
that the respondent No.4 i.e. the Chief Executive Officer working in the office of
the Commissioner, Panchayat & Rural Development Department had filed an
affidavit-in-opposition. In the said affidavit-in-opposition it was mentioned that
the Government of Assam in the Finance Department vide order dated
07.10.2016 had directed to deposit back the unutilized fund lying with the DRDA
as well as the Blocks under the CMs Special Scheme for the year 2015-16
Page No.# 8/11
immediately into the Treasury Head of the Account (0070-60-8000) by 31 st
December, 2016. In terms of the said order of the Finance Department, all the
BDO had deposited the unutilized fund into the Treasury office. It was further
mentioned that the special package was taken up for the financial year 2015-
16 and the aforesaid scheme was not a continuous scheme and the period of
implementation of the scheme was already over in the year 2016 itself. Further
to that, it is mentioned that the schemes have already been closed by the
department and those were replaced by the new scheme viz., PMA-Y Scheme.
4. This Court further finds it relevant to take note of the affidavit-in-
opposition filed by the Finance Department of the Government of Assam
through the Deputy Secretary to the Government of Assam, Finance (Budget)
Department. In the said affidavit filed by the Finance Department, it was
mentioned that the Administrative Departments were authorized to withdraw
the entire fund kept in the Revenue Deposit and deposit the same in the State
exchequer under appropriate/relevant heads within 14.08.2015 positively and
the concerned Administrative Department would be at liberty to move Finance
(Budget) Department to make supplementary demand provision for an
equivalent amount, strictly as per need, once the amount kept in the Revenue
Deposit is surrendered to the State exchequer which was issued vide OM
No.bb.191/2013/55 dated 10.08.2015. It was further mentioned that the
Administrative Departments were requested to submit necessary proposal for
incorporating in the budget estimate for 2016-17 for the amount refunded of all
unspent amount released in 2015-16 from Revenue/Civil deposit to the State
exchequer which was issued vide letter No.BB.191/2013/68 dated 01.07.2016.
Further to that, it was mentioned that in spite of the said instructions in some
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departments substantial amount related to State plan schemes were still lying in
the account of the DDOs/Societies. Therefore, all Administrative Departments
were again requested to deposit all the amounts unutilized and drawn under
State Plan schemes of 2015-16 and utilized till 31.03.2016 into the State
exchequer immediately, which was issued vide W.T. Message dated 07.10.2016.
5. This Court has also heard the learned counsel for the parties.
6. Mr. J. I. Barbhuiya, learned counsel appearing on behalf of the
petitioners had further submitted that similar issues also arose for consideration
before a Coordinate Bench of this Court in the case of Rahim Uddin Laskar and
41 others vs. State of Assam & others [WP(C)5563/2016] wherein by the order
dated 26.04.2019, the Coordinate Bench of this Court had held that there is no
denial to the fact that the petitioners therein were amongst the selected
beneficiaries of the scheme in question and it was only due to certain technical
reasons that the matter of release/disbursement of the amount to the
petitioners were delayed. The Coordinate Bench further opined that since the
petitioners are amongst the selected beneficiaries denying them the benefit
would amount to discrimination vis-à-vis other beneficiaries as technical reasons
in the form of discrepancies in the bank account should not come in the way of
disbursement of the amount which is for public purpose. Accordingly, the
Coordinate Bench of this Court while allowing the said writ petition directed the
Finance Department to make available the amount in question which was
refunded by the parent department as unutilized funds. The parent department
i.e. the P & RD Department was further directed to take steps to release the
amount in question to the petitioners therein after proper identification. The
entire exercise was directed to be completed within a period of three months
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from the date of the said order.
7. This Court upon perusal of the said judgment is also of the opinion that
the petitioners in the instant writ proceeding are similarly situated. There is also
no denial to the fact that the petitioners herein were not selected beneficiaries.
Under such circumstances, in the opinion of this Court also, the petitioners
would be entitled to the remaining amount of Rs.10,000/- each in respect to the
scheme in question.
8. This Court further finds it relevant to take note of the submission of Mr. R.
Borpujari, the learned counsel appearing on behalf of the Finance Department,
who submits that for an effective compliance to the order so proposed to be
passed herein a direction should also be issued to the P & RD Department so
that they may place the relevant materials including the names of the
beneficiaries which would enable the Finance Department to pass necessary
sanctions for disbursal of the amount to the petitioners through the P & RD
Department. This Court finds that the said submission to be a fair submission
taking into account the complicities which would otherwise be involved in view
of the fact that the scheme had already been closed.
9. Under such circumstances, this Court, therefore, disposes of the instant
writ petition with a direction to the Commissioner and Secretary to the
Government of Assam, P & RD Department, to forward the details along with
documents showing that the petitioners have already been disbursed the
amount of Rs.15,000/- each. Upon receipt of the said details from the
Commissioner and Secretary to the Government of Assam, P & RD Department,
the Finance Department of the Government of Assam and more particularly,
the Commissioner & Secretary to the Government of Assam, Finance
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Department shall take necessary steps so that the necessary sanctions are
issued which would in turn enable the Commissioner and Secretary to the
Government of Assam, P & RD Department to disburse the amount of
Rs.10,000/- each to the petitioners. The aforesaid exercise be carried out and
completed within a period of three months from the date of receipt of a
certified copy of this order.
10. The petitioners are directed to serve certified copies of this order upon
the Commissioner and Secretary to the Government of Assam, Finance
Department as well as the Commissioner and Secretary to the Government of
Assam, Panchayat and Rural Development Department respectively for
effective compliance.
JUDGE
Comparing Assistant
