Court No. - 21
Case :- WRIT - C No. - 42352 of 2018 Petitioner :- Smt. Prabha Kaushik Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harsh Vardhan Gupta Counsel for Respondent :- C.S.C.,Vivek Saran
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner claims that she belongs to the economically weaker section of the society. She made an application for allotment of a house under E.W.S. Scheme. On 3.2.1993, the petitioner was allotted a constructed house. It is stated that the petitioner has deposit a sum of more than Rs.97,000/- but there is some dispute with regard to the outstanding amount.
For redressal of her grievance, she has made a representation before the Housing Commissioner, U.P. Avas and Vikas Parishad on which an order was passed on 31.1.2004, whereby he has waived the interest. A copy of the said order is on record as Annexure-9 to the writ petition. It is stated that in pursuance to the order passed by the Housing Commissioner she has made an application for execution of the sale deed as she has deposited the entire amount but no action has been taken on her application.
We have heard learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of first respondent and Sri Vivek Saran has accepted notice on behalf of respondent nos.2, 3 and 4.
Having due regard to the facts of the case that the petitioner belongs to the marginal section of the society, we are of the view that ends of justice would be sub-served by issuing a direction to the second respondent to consider the cause of the petitioner and to pass appropriate order. We grant liberty to the petitioner to make a fresh representation within three weeks, along with supporting documents. In the event such a representation is filed, the same shall be decided, in accordance with law expeditiously preferably within three months from the date of filing of representation along with a copy of this order.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 19.12.2018 M.A.Ansari