Meenketan Vishwakarma vs State Of Chhattisgarh

The counsel appearing for the petitioner submits that the State Government have floated Rajiv Gandhi Gramin Bhumihin Krishi Majdoor Nyay Yojna (in short, the Scheme) financial year 2021-22. As per Clause 4, the petitioner comes within the category of the landless person. At the time of survey conducted by the government officials with the help of the Village Panchayayat, arbitrarily name of the petitioner was not included in the list of landless persons and thereby he was deprived of the beneficial scheme of the State Govt.

Petitioner, aggrieved by the act of non inclusion of his name in the survey list, submitted a representation before the Collector who is the authorized person/agency at district level under the scheme on 14.02.2022, but till date the representation of the petitioner was not considered and decided.

The counsel for the petitioner at this stage submits that the grievance of the petitioner will be redressed if a direction is issued to the Collector to consider and decide the representation expeditiously.

The counsel for the State would submit that the petitioner along with the writ petition has not placed on record a copy of the application, if filed, for including his name in the survey list of landless person. The document which the petitioner is relying upon is only a representation submitted before the Collector, however, he submits that as the petitioner is not pressing this writ petition on merits, but is only seeking a direction to the respondent No.2 to consider and decide the representation, he is having no objection on the said prayer made by the counsel for the petitioner.

I have heard the counsel for the parties.

Annexure P/1 is the scheme floated by the respondent No.1. The copy of the scheme was forwarded to all the District Collectors of the State on 16.08.2021. Perusal of the scheme would show that Clause-4 deals with entitlement of a person for listing as landless person in the State of Chhattisgarh. Further, Clause-5 deals with grant of Rs.6000/- per annum to the landless person under the scheme. As submitted by the petitioner, during the survey conducted by the government officials with the help of Village Panchayat, his name was not included and therefore he submitted his representation to the respondent No.2 on 14.02.2022 which is pending.

In view of the limited prayer made by the counsel for the Petitioner and the fact that the representation submitted by him is pending consideration before the respondent No.2, I am of the view that instead of keeping the writ petition pending before this court awaiting reply of respondents, this writ petition can be disposed of directing the respondent No.2-Collector to consider and decide the representation of the petitioner at the earliest.

For the foregoing discussions, the petitioner is directed to file a fresh representation before the respondent No.2/Collector in addition to the representation already pending before him within a period of two weeks from today and in turn, the respondent No.2-Collector is directed to consider and decide the same within a further period of four weeks from the date of receipt of fresh representation along with a copy of the order passed by this court in accordance with law.

It is made clear that this court has not expressed any observations on the merits of the claim of the petitioner. It will be for the respondent No.2 to consider and decide the representation on its own merits.

The writ petition accordingly stands disposed of. Consequently, IA No.1, application for hearing the case during summer vacation and IA No.2, application for urgent hearing, both stand disposed of.