High CourtsDivision Bench(2023) 04 OHC CK 0146

Abhaya Kumar Pattnaik vs State Of Odisha And Others

Orissa High Court · Decided on 12 April 2023

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · G. Satapathy, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 1434 Of 2023

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Judgment

7 paragraphs · 302 words

I.A. No.2609 of 2023

1.

The Court has seen the explanation offered by the Listing Assistant and cautions him to be more careful in the future.

2.

This Court has perused the joint enquiry report of the District Social Security Officer, Puri and the Block Development Officer, Brahmagiri dated 6th March, 2023 and also the additional affidavit dated 10th April, 2023 submitted by the Petitioner. It has also viewed the video clips presented to the Court by learned counsel for the Petitioner.

3.

The Court is satisfied that this application ought not to be entertained in a disposed of petition in the PIL jurisdiction of the Court. It appears that the Petitioner has been sanctioned a house under the Prime Minister’s Awas Yojana (PMAY) Scheme in the year 2019-20 worth Rs.1.2Lakhs and has constructed a house over an area of 15' X 30' with RCC roof and is residing there with his son, daughter-in-law, a grandson; a small pond is available in the rear side where pisci-culture is being practised. He is receiving Rs.500/- per month under the MBPY Pension Scheme.

4.

There is a doubt whether the Petitioner is in fact begging; none of the videos played in Court show him to be begging. It is possible that there are some internal family disputes, as a result of which the Petitioner was found wandering in the streets of Puri by learned counsel for the Petitioner. However, the report of the enquiry does not substantiate the allegation that the Petitioner is destitute and that he is not properly receiving his pension under the MBPY Scheme.

5.

Consequently, the Court is not persuaded to issue any of the directions as prayed for in the application. The application is accordingly dismissed. An urgent certified copy of this order be issued as per rules.

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