Court No. - 32
Case :- WRIT - C No. - 6618 of 2018 Petitioner :- Smt. Irshad Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Abhai Kumar,J.
Heard the learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
This instant writ petition has been preferred under Article 226 of the Constitution of India with a prayer that a writ, order or direction in the nature of certiorari quashing the impugned order dated 8.5.2017 passed by the respondent no. 2 Chief Development Officer, Sambhal, be issued.
It is submitted by the learned counsel for the petitioner that the name of the petitioner was recommended for allotment of the house under Lohiya Awas Yojna. The first instalment was released in favour of the petitioner. Subsequently, on complain of some of the villagers, who were against the petitioner, without giving any opportunity of hearing to the petitioner, vide impugned order dated 8.5.2017 passed by the Chief Development Officer, Sambhal, the allotment was cancelled and further a direction was issued for the return of the amount. Cancellation of the first instalment issued/released in favour of the petitioner on the ground that there was a Motor cycle registered in the name of the husband of the petitioner whereas the motor cycle has already been sold four years ago to other person. Following the guidelines issued by the Government, the name of the petitioner was recommended.
Considered the submissions and in the facts and circumstances of the case, the Chief Development Officer, Sambhal is directed to look into the matter and consider the grievance of the petitioner in view of the guidelines and pass a fresh order at the earliest preferably within two months from the date of filing a certified copy of this order.
Till fresh order is passed by the Chief Development Officer, Sambhal, respondent no. 3, the effect and operation of the impugned order dated 8.5.2017 cancelling the allotment in favour of the petitioner and for return of the amount shall be kept in abeyance.
The writ petition is finally disposed of.
Order Date :- 27.2.2018 N.A.