Chief Justice's Court
Case :- WRIT - C No. - 18598 of 2018 Petitioner :- Layak Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Pathak Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
Civil Misc. Restoration Application No. 05 of 2018 By the order dated 22nd October, 2018, Writ C No. 18598 of 2018 was dismissed for non-prosecution. An application is preferred to recall the order aforesaid and to restore the petition for writ at its original number.
It is submitted by learned counsel appearing on behalf of the petitioner that he failed to appear before the Court when the case was called being busy in some other Court. The application is supported by an affidavit and further the inconvenience caused to the Court due to absence has been regretted.
In view of it, we are inclined to accept the application. Accordingly, the same is allowed. The order dated 22nd October, 2018 is recalled. The writ petition bearing no. 18598 of 2018 is restored at its original number.
Heard learned counsels on merits.
This petition for writ is preferred to question correctness of the order dated 15th April, 2018 passed by the District Magistrate, Hathras.
Under the order aforesaid, the District Magistrate rejected the claim of the petitioner to have the residential accommodation under Pradhan Mantri Awas Yojna. The District Magistrate while rejecting claim of the petitioner relied upon a report given by a three members' committee arriving at the conclusion that in name of the claimant's father Sri Gokul Singh, a Pakka constructed house having four rooms and a Baranda exists i.e. sufficient to accommodate entire family. It is further stated that economic condition of the family of the petitioner is quite good and, as such, he is not entitled to have a residential accommodation under the scheme concerned.
The argument advanced by learned counsel appearing on behalf of the petitioner is that the house reference of which is given in the report is owned by his father and, as such, that cannot be a reason to reject the petitioner's claim.
We do not find any merit in the argument advanced. As per the Pradhan Mantri Awas Yojna - Rural, the requirement is that the claimant must be from "houseless" family. Admittedly, the petitioner is a part of the family of his father and, therefore, he cannot be treated as a member of houseless family. This claim, as such, has been rightly rejected by the District Magistrate. No interference is required with the decision arrived by the District Magistrate, Hathras.
The writ petition is dismissed.
Order Date :- 26.2.2019 Rameez
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(Saurabh Shyam Shamshery,J.) (Govind Mathur,C.J.)