High CourtsSingle Bench(2023) 02 OHC CK 0114

Shrimati Mallik vs State Of Orissa And Others

Orissa High Court · Decided on 16 February 2023

HON’BLE JUDGES
Arindam Sinha, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 3567 Of 2023

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Judgment

6 paragraphs · 200 words

Arindam Sinha, J

1.

Ms. Ray, learned advocate appears on behalf of petitioner and submits, his client seeks benefit under the housing scheme. Her name was deleted on reason of eligibility alleged, of her husband being in Government service as Home Guard at Odisha Police having salary more than Rs.10,000/- (Rupees ten thousand). She submits, her husband is working as Civic Volunteer on daily wage basis. Notwithstanding, her client and her family is in the category of Below Poverty Line (BPL). She is entitled to the benefit. There be interference of Court.

2.

Mr. Nanda, learned Advocate, Additional Government Advocate appears on behalf of State.

3.

Petitioner has alleged the negative. It is for the authorities to prove that petitioner’s husband is in Government service of being Home Guard with Odisha Police drawing salary of Rs.10,000/-(Rupees ten thousand) per month. State will file affidavit disclosing documents in support of the ineligibility criteria. The affidavit will be accepted on adjourned date upon advance copy served. It is being made clear that omission to file the affidavit or prayer for extension of time will invite adverse inference against State.

4.

List on 2nd March, 2023, as prayed for by Mr. Nanda.

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