Court No. - 32
Case :- WRIT - C No. - 7645 of 2018 Petitioner :- Anarkali @ Anara Devi And Another Respondent :- State Of U.P. Through Secretary (Revenue Dept.) Govt. Of U.P. And 6 Others Counsel for Petitioner :- Ramesh Kumar Mishra,Gyanendra Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioners and learned Standing Counsel appearing for the respondent-State.
Petitioners have approached this Court seeking following reliefs:
"I. to issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities to take appropriate decision/action on the application of the petitioner's husband dated 6.11.2017 as well as petitioners' application dated 7.1.2017 in view of the report dated 22/23.11.2017 of Lekhpal/Revenue Inspector concerned with regard to the construction of the Avas sanctioned to him under Pradhanmantri Avas Yojna within a time bound frame in place of her old Kachcha house situated in abadi plot no.728 of Village Umaria Sar, Pargana and Tehsil Saroan, District- Allahabad.
II. to issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities that till the disposal of the aforesaid representation dated 6.11.2017 as well as 7.12.2017 of the petitioners, no action be initiated in view of the notice issue by the respondent No.6."
Learned counsel for the petitioner submitted that there was an old kachcha house of the petitioner situated in abadi plot no.728 of Village Umaria Sar, Pargana and Tehsil Saroan, District- Allahabad. For construction of the house under the Pradhanmantri Avas Yojna, first installment of Rs.40,000/- was sanctioned and released in favour of the petitioner. When the petitioner wanted to construct the paccha house under the said scheme, there was an interference by the respondent No.7. In this regard, an application was given to the authority concerned and the report was submitted by the kanoongo after demarcation. However, no action has been taken by the District Magistrate on the application of the petitioner. In the meantime, a notice has been given by the respondent No.6 in which it has been stated that if the construction of the house is not started by the petitioner under the Pradhanmantri Avas Yojna, the allotment of the house will be cancelled and recovery proceedings of the said amount released in favour of the petitioner will be initiated.
Considered the submissions. If the said application is moved before the Sub-Divisional Magistrate-respondent No.3 whether the house is going on to be constructed on old abadi land of the petitioner or not and after enquiry and demarcation under the U.P. Land Revenue Code, appropriate steps will be taken by the respondent Nos. 3 and 4.
Till the demarcation/order is passed by the Sub- Divisional Magistrate-respondent No.3 in respect of the claim of the petitioners, it is expected that the respondent No.5 will not take any step for cancellation of the allotment under the Pradhanmantri Avas Yojna.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 26.2.2018 Ashish Tripathi