A petitioner must fulfill specific documentation requirements to be eligible for housing benefits under welfare schemes.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the B.D.O., Kantapada, Cuttack (O.P. No.3) for the sanction of a house under Rural Housing, PMAY Scheme in favour of the the Petitioner, as the Petitioner is entitled to get the same fulfilling all the criterias of that scheme.

2. It is the case of the Petitioner that, though, she (Petitioner) is entitled for a house under the PMAY scheme being eligible for the same, but, the B.D.O., Kantapada, Cuttack (O.P. No.3) is not sanctioning any house in her favour in spite of her repeated request for the same.

For which, the Petitioner approached this Court by filing this writ petition praying for directing the B.D.O., Kantapada, Cuttack (O.P. No.3) for the sanction of a house under PMAY Scheme in her favour.

3. The B.D.O., Kantapada, Cuttack (O.P. No.3) has submitted its counter stating in Para No.7 that,

“In the meantime, Government in Panchayat Raj & Drinking Water Department has issued guidelines vide letter No.19101/PR and DW, dated 21.08.2024 and as per the said guideline, a survey has been conducted and it is found that, the Petitioner eligible to enroll in the Survey list, but, she has not done e- kyc in the Adhar Card and also she has not any mobile number, for which, it was not possible to apply for R.H. survey and she has been intimated to do the same before 31st March, 2025 so as to enable her to enroll herself in the inclusion list for Rural Housing Scheme. After completion of survey by 31st March, 2025, an enquiry will be conducted. If the Petitioner is found eligible in the enquiry, she will be benefitted under the scheme”.

4. Heard from the learned counsel for the Petitioner and the learned standing counsel for the State.

5. During the course of hearing of this writ petition, the learned counsel for the petitioner submitted that, he (Petitioner) has already submitted all the documents, those were required as per Para No.7 in the counter-affidavit of the O.P. No.3, but, still then, the O.P. No.3 is not considering the application of the Petitioner for the sanction of a house under PMAY Scheme.

The learned Standing counsel for the State objected to the aforesaid contentions of the learned counsel for the Petitioner contending that, due to the non-submission of the above required documents, the name of the Petitioner has not been enrolled under such scheme in order to process the same for the sanction of a house under such scheme in favour of the Petitioner.

6. When it is forthcoming from the counter-affidavit submitted by the Sanctioning Authority of the house under PMAY Scheme i.e. B.D.O., Kantapada, Cuttack (O.P. No.3) that, only due to non-filing of the above required documents indicated in Para No.7 of the counter of the O.P. No.3, the name of the Petitioner has not been enrolled under the said PMAY scheme and when, the Petitioner is a lady, then at this juncture, the ends of justice shall bestly be served, if this writ petition filed by the Petitioner will be disposed of finally directing the Petitioner to submit the required documents indicated in Para No.7 of the counter of the O.P. No.3 for enrollment of the name of the Petitioner under PMAY Scheme and to take step for sanctioning a house in her favour under PMAY Scheme.

7. For which, the writ petition filed by the Petitioner is to be allowed in part.

8. In result, the writ petition filed by the Petitioner is allowed in part.

9. The Petitioner is directed to submit the required documents indicated in Para No.7 of the counter of the O.P. No.3 within seven days before the B.D.O., Kantapada, Cuttack (O.P. No.3) annexing the copy of the certified copy of th