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2015 DIGILAW 552 (KAR)

Shashikala Channappa Belavinakatti v. Secretary, Grama Panchayat Office

2015-06-02

B.MANOHAR

body2015
ORDER : The petitioners in these writ petitions have sought or quashing the list of beneficiaries prepared by the Taluk Panchayat, Shirahatti Taluk dated 25-1-2014 in respect of allotment of funds for construction of houses at Madolli Village, Yalavatti Grama Panchayat. Petitioners also sought for a direction to the respondents 1 to 5 to consider the earlier list prepared by the Grama Sabha resolution dated 6-12-2013 and for other reliefs. 2. The grievance of the petitioners in these writ petitions is that, for the benefit of weaker section of the Society, Government has framed certain schemes, namely, Indira Awas Yojana and Basava Vasati Yojana, for allotment of funds for construction of houses under the aforesaid schemes. Under the above schemes, Government will allot funds for construction of houses to the weaker section of the society. In respect of Yalavatti Village, under the aforesaid scheme, 14 houses have been sanctioned by the State Government. For selection of the beneficiaries, the Grama Panchayat has conducted a meeting on 6-12-2013 and selected the beneficiaries. Out of them, petitioners were also selected. The selected list of beneficiaries was objected by the villagers contending that the list is not in accordance with law, since some of the beneficiaries' own houses. A complaint was also lodged before the Competent Authorities to prepare a fresh list of beneficiaries by cancelling the list of beneficiaries. 3. In view of the agitation of the villagers, the Grama Panchayat decided to select fresh beneficiaries in accordance with the guidelines issued by the State Government. That the beneficiaries must be economically weaker section of the Society and do not own any house in the said village. 4. As per the meeting dated 18-1-2014, Grama Panchayat selected and prepared the list of beneficiaries of 25 persons. Out of 25 beneficiaries, 14 persons are selected for allotment of funds for construction of houses. In the fresh beneficiary list prepared as per meeting dated 18-1-2014, names of the petitioners are not found. In view of the same, petitioners field the instant writ petitions seeking for quashing the list of fresh beneficiaries prepared as per the resolution dated 18-1-2014. Petitioners have contended that, petitioners belong to economically weaker section of the Society and they are entitled for allocation of funds under Indira Awas Yojana and Basava Vasati Yojana. In view of the same, petitioners field the instant writ petitions seeking for quashing the list of fresh beneficiaries prepared as per the resolution dated 18-1-2014. Petitioners have contended that, petitioners belong to economically weaker section of the Society and they are entitled for allocation of funds under Indira Awas Yojana and Basava Vasati Yojana. Selection of the persons under the impugned list is contrary to law and sought for quashing the fresh list and enforce the earlier list prepared on 6-12-2013. 5. Sri K.L. Patil, learned Counsel appearing for respondents some of the beneficiaries, filed statement of objections and contended that the list of beneficiaries prepared as per the resolution dated 6-12-2013 is contrary to law. Without taking into consideration the norms provided under the scheme the beneficiaries have been selected. Some of the beneficiaries own their houses and for those persons the benefits is extended. In view of the same villagers have agitated the matter and filed complaint before the higher authorities to prepare a fresh list. Accordingly, Gram Panchayat decided to prepare fresh list of beneficiaries. In this connection, a meeting was conducted on 18-1-2014. In the said meeting list of 25 persons have been prepared who are eligible for allotment of funds under Indira Awas Yojana and Basava Vasati Yojana. Out of 25 persons, 14 persons have been selected for the benefit under the scheme. Out of 14 persons, 6 persons belonged to Scheduled Caste, 3 persons belonged to Scheduled Tribe, one person belonged to backward community and 4 persons belonged to general category. Taking into consideration the norms prescribed under the scheme fresh list of beneficiaries have been prepared. Hence, it is not open for the petitioners to challenge the list of beneficiaries and sought for dismissal of the writ petitions. 6. I have carefully considered the arguments addressed by the Advocates appearing for the parties and perused the list of beneficiaries and other relevant records. 7. The records clearly disclose that the Government has framed certain schemes for providing funds to construct houses to the economically backward and weaker section of the society under Indira Awas Yojana and Basava Vasati Yojana. As per the schemes, Yalavati Grama Panchayat has to select 14 persons in the said village. Initially, a meeting was conducted on 6-12-2013 for selection of the beneficiaries. As per the schemes, Yalavati Grama Panchayat has to select 14 persons in the said village. Initially, a meeting was conducted on 6-12-2013 for selection of the beneficiaries. The villagers have objected for the said list contending that the list has not been prepared in accordance with law. Intendment of the scheme framed by the State Government is to provide funds to the persons who do not own houses. In the earlier list, the persons who own houses were also brought under the scheme. Hence, they sought for cancellation of the said list. A complaint was also lodged before the higher authorities to cancel the list. In view of the same, the Grama Panchayat once again called for a meeting on 18-1-2014. After discussing the matter in threadbare, selected 25 persons. Out of 25 persons 14 persons have been selected as the beneficiaries under Indira Awas Yojana and Basava Vasati Yojana for allotment of funds for construction of houses. The petitioners are the persons whose names are mentioned in the earlier list of beneficiaries prepared as per resolution dated 6-12-2013. Hence, they have no locus standi to challenge the list of beneficiaries prepared as per the resolution dated 18-1-2014. After selection of the beneficiaries a sum of Rs. 25,000/- has been awarded for construction of the houses. Majority of the beneficiaries have constructed their houses. Hence, the petitioners have no locus standi to challenge the list of beneficiaries prepared subsequently. 8. I find there is no infirmity or illegality in the list of beneficiaries prepared on 18-1-2014 as per Annexure-G, dated 25-1-2014. The elected representatives after conducting spot inspection have selected the beneficiaries. Hence, the petitioners cannot challenge the same. Petitioners have not made out grounds to interfere with the list of beneficiaries. Accordingly, writ petitions are dismissed.