AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioner and the State.
The petitioner has moved the Court for the following
reliefs:
"i) For a direction upon the respondents authorities to produce a copy of the list of beneficiaries of all the fourteen Gram Panchayats of Adapur Block, District East Champaran Motihari, randomly selected by the Block Development Officer, Adapur Block, District East Champaran Motihari and after production thereof same may be quashed as the respondent Block Development Officer, Adapur Block as he himself admitted that he selected the name of beneficiaries randomly as per the advice of the senior respondents authorities and ignored the priority list provided by the seventeen Panchayat, duly determined and decided by the concerned Gram Sabha. The entire list is fit to be quashed as same is in teeth of and in gross violation of the conditions envisaged in Letter No. 276296 dated 24.06.2016 issued by the Rural Development Department, Government of Bihar, Patna, which clearly mandates that the priority list shall be prepared/determined only by the Gram Sabha of the concerned Gram Panchayat. ii) For any other relief/reliefs for which petitioner may be deemed entitled too."
The basic contention of the petitioner is that without
following the guideline issued by the Rural Development
Department, Government of Bihar, Patna contained in Letter No.
276296 dated 24.06.2016, the final priority list of beneficiaries of
Pradhan Mantri Awas Yojna (Gramin) has been done.
Learned counsel for the petitioner submitted that
before preparation of the final priority list, there are intermediary
steps and at such level objections are to be received so that there is
no discrepancy and only genuine persons get such benefit, but in the
present case, the same has not been done resulting in many errors,
including inclusion of persons, who are dead.
Learned counsel for the State, on the basis of the
materials brought on record in the counter affidavit and
supplementary counter affidavit, submitted that the petitioner is the
elected Mukhiya of Gram Panchayat Raj Harpur, under Adapur
Block in the district of East Champaran and in that capacity, he has
signed on the auto/system generated final selection list of the year
2016-17 for the beneficiaries prepared under the aforesaid scheme,
which has also been approved by the Gram Sabha in his presence,
and thus, he cannot now raise questions about the same.
Having considered the matter, the Court does not find
any occasion to interfere in the matter on the simple ground that once
the petitioner has agreed to the final selection list of beneficiaries, he
cannot raise a plea that the intermediary process, prior to finalization
of the final selection list, has not been followed. The petitioner
stands estopped from raising such issue as he himself has signed on
the final selected list and once the same has been done, it is deemed
in law that he has not objected and rather has consented to/approved
of the procedure, which was required to be gone into prior to
issuance of the final selection list.
In view thereof, the writ petition stands dismissed.