Court No. - 32
Case :- WRIT - C No. - 39148 of 2018 Petitioner :- Noor Bano Alias Nasiran Begum Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arun Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Arun Kumar Sharma, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking quashing of the recovery certificate dated 4.7.2018. The case of the petitioner is that under the Pradhan Mantri Awas Yojana Gramain certain amount of Rs. 1,10,000 was paid to the petitioner, Annexure-1 to the writ petition, for construction of house. However, it is stated that some other person of the same name made a complaint whereupon the allotment in favour of the petitioner has been cancelled. This amount is now sought to be recovered from the petitioner.
In respect of her claim the petitioner is stated to have preferred a representation before the Chief Development Officer, Mainpuri on 6.2.2018, Annexure-6 to the writ petition. This representation does not find any mention in the impugned order, we are, therefore, of the view that the authority should first consider the representation before passing any order.
We, therefore, dispose of this petition with a direction to the respondent no. 6, Block Development Officer, Karhal, Mainpuri to decide the petitioner's representation dated 6.2.2018, Annexure-6 to the writ petitioner in accordance with law within a period of one month from the receipt of certified copy of this order in his office.
Along with certified copy of this order the petitioner shall also provide a copy of the representation dated 6.2.2018, to the respondent no. 6.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
However, it is provided that till such decision is taken by the respondent no. 6, Block Development Officer, Mainpuri further recovery in pursuance of the impugned order dated 4.7.2018 shall remain in abeyance and shall be subject to any final order which may be passed by respondent no. 6.
Order Date :- 30.11.2018 S.Ali