Court No. - 40
Case :- WRIT - C No. - 15225 of 2021 Petitioner :- Fulchandra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharm Vir Jaiswal,Harsh Vikram Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners and learned Standing Counsel appearing for the respondents.
This petition has been filed with the following prayer:
"1. issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 and 3 to decide the applications of the petitioners dated 3.12.2020 and 31.8.2019 filed before the respondent no. 2 and 3 respectively within such time that may be fixed by this Hon'ble Court preferably within one month."
Learned counsel for the petitioners state that the representation for decision of which he presses in this petition is the one appearing at Annexure No. 6 at page no. 31 of the writ petition. It is stated that the Additional District Magistrate (Finance and Revenue), District Kaushambi by his letter dated 22.7.2019 has approved the allotment to the petitioner and therefore, his representation ought to be decided.
Learned Standing Counsel has opposed this petition and stated that it is evident from the representation itself that at the time when allotment was made, the petitioner, Rani Devi, was a member of the Gram Panchayat and as such in view of the provisions of Section 28C of the U.P. Panchayat Raj Act, 1947, she is not entitled for allotment.
The contention of the learned Standing Counsel appears to have substance. Learned counsel for the petitioner has not disputed the fact that at the time of allotment of plot nos. 294 and 230M to her, the petitioner no. 2 was a member of the Gram Panchayat.
In view of the provisions of Section 28C of the U.P. Panchayat Raj Act, 1947, no such direction as prayed for can be granted. This petition is, accordingly, dismissed.
Order Date :- 27.7.2021 A. V. Singh (Jayant Banerji, J.)