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Orissa High Court · body

2012 DIGILAW 436 (ORI)

Balakrishna Sandha v. Union of India

2012-10-03

B.K.MISRA, V.GOPALA GOWDA

body2012
ORDER 03.10.2012Heard learned counsel for the petitioners and learned Addl.Government Advocate. 2.This writ petition, in the nature of Public Interest Litigation, has been filed challenging the action of the statutory authorities in not identifying and preparing the proper list of B.P.L. beneficiaries following the guidelines and scheme in that regard for which the innocent poor beneficiaries are being deprived their rights. 3.The present petitioners are the residents under the Titilagarh Block in the district of Bolangir. 4.Learned Addl. Government Advocate has produced a copy of the parawise report filed by the Block Development Officer (BDO), Titilagarh, wherein it is stated by the said Officer that due to less target some of the families including the petitioners have been left out which will be covered under the P.L.O. (Poor Left out) after receipt of new target under P.L.O. Card. It is further stated that the Block and G.P. officials had no malafide intention in finalization of P.L.O. families. Therefore, it is prayed by the said authority for rejection of the writ petition. 5.The stand taken by the BDO is wholly untenable and the reasons assigned are unacceptable. Therefore, he is directed to take immediate steps to grant BPL Cards in favour of the petitioners. 6.It is the statutory duty of the State Government as well as its responsible officers to see that the list of BPL beneficiaries is prepared strictly in accordance with the scheme and guidelines for that purpose and keeping in view the observation made by the Supreme Court by conducting proper survey. However, it is brought to the notice of this Court several times that, those systems are not implemented in true letter and spirit. It is also brought to our notice that some poor people those who are really entitled for BPL Card are deprived from that, however, the people those who are above the poverty line and not entitled for the same are managed to get the BPL Card, which defeats the intent and purpose of the Scheme. 7.Therefore, we issue mandamus to the State Government, particularly to the Commissioner-cum-Secretary, Panchayatiraj Department and Commissioner-cum-Secretary, Food Supplies and Consumer Welfare Department to see that the Scheme/Policy/guidelines of the Government for issuance of BPL Cards to the beneficiaries of the State are implemented strictly and the Cards are issued to the beneficiaries those who are really entitled, by conducting proper survey and enquiry. The Gram Panchayat Authorities/Sarpanches must be directed to function statutorily and they must conduct the Palli Sabha/Grama Sabha properly in presence of P.R.I. Members strictly in accordance with the guidelines and identify and recommend the names of actual beneficiaries. In this regard strict instructions may be issued to the every District Collectors and other responsible officers of the State. If any complaint is received that persons who are not entitled have managed to get the Card, necessary enquiry be conducted immediately and necessary action shall be taken against the responsible person(s), if it is found to be true. 8.Government is allocating huge budget for this purpose. Therefore, it is the duty of the each and every public authority to see that the public money must be utilized in proper manner and it must not go wasted. 9.We hope and trust that our order is implemented by the aforesaid authorities in true sprit. A status report in this regard be filed within six weeks. The writ petition is accordingly disposed of. 10.Though the petition is disposed of, Registry is directed to list this matter immediately after six weeks to report compliance of the order. A free copy of this order be given to Mr. D. Panda, learned Addl.Government Advocate for immediate communication. Urgent certified copy of this order be granted on proper application. Petition disposed of.