Court No. - 32
Case :- WRIT - C No. - 7562 of 2018 Petitioner :- Layak Singh Respondent :- State Of U.P. Through Its Secretary Department Of Villege Development And 4 Others Counsel for Petitioner :- Dinesh Pathak Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.
The present writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned letter no.1343 dated 3.1.2018 issued from the office of respondent no.3 as well as impugned letter no.1019 dated 31.8.2017 received the petitioner on date 10.1.2018 from the office of respondent no.4 on instruction of In-charge, District Magistrate, Hathras with further prayer to issue writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the review application dated 2.8.2016 of petitioner.
Learned counsel for the petitioner submitted that in the village of the petitioner there was a scheme for allotment of the house under the Lohiya Rural Awas Yojna and in view of report of Lekhpal and Revenue Officer dated 30.8.2017 and 31.8.2017 the petitioner was eligible for allotment of house under the said scheme. However, without considering that report, on the basis of other report by the committee, in which there was no such inspection in the village, claim of the petitioner was rejected by the District Magistrate, which was communicated vide letter dated 31.8.2017 and 3.1.2018. Hence the same be quashed and direction be issued for allotment of the house under the Lohiya Rural Awas Yojana.
Learned Standing Counsel submitted that as per report of the three member committee, who after inspection submitted report, petitioner was not found eligible and as such no interference is required. He further submitted that even the Lohiya Rural Awas Yojana has now closed in the year 2017 and as such this petition is liable to be dismissed.
Considered the submissions of learned counsel for the parties. It appears that report dated 30.8.2017 and 31.8.2017 of the Lekhpal and Revenue Officer, has not been considered, however, since Lohiya Rural Awas Yojana has already been closed and as such under the fresh house scheme like 'Prime Minister Housing Scheme' case of the petitioner has to be considered afresh. If the petitioner is found eligible the order has to be passed in respect of allotment of the house under the new scheme within reasonable period.
Accordingly, present writ petition is finally disposed off.
Order Date :- 26.2.2018 Pramod