Rahul Kumar And Others vs State Of U P And Others

Court No. - 34 Case :- WRIT - C No. - 56291 of 2017 Petitioner :- Rahul Kumar And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kr. Singh Paliwal Counsel for Respondent :- C.S.C.

Hon'ble Sudhir Agarwal,J. Hon'ble Ajit Kumar,J.

1. Petitioners have been found ineligible for allotment of house under Lohiya Gramin Awas Yojana and in respect to petitioners, specific findings have been recorded by respondent No. 4-District Magistrate, Azamgarh, in impugned order dated 3.8.2017, which reads as under:-

^^1- Jh lUrks"k iq= ijns'kh&buds vkoklh; fLFkfr dk LFkyh; lR;kiu fd;k x;k] ekSads ij ik;k x;k gS fd buds ikl 2 dejs dk iDdk edku gS tks ik=rk Js.kh ds vUrxZr ugha vkrs gSaA

2- Jh nq/kbZ iq= cuokjh& buds vkoklh; fLFkfr dk LFkyh; lR;kiu fd;k x;k] crk;k x;k fd nq/kbZ mQZ nw/kukFk ,d gh O;fDr gS] budh iRuh ikoZrh dks o"kZ 2003&04 eas bfUnjk vkokl feyk gS ekSads ij ik;k x;k gS fd buds ikl 2 dejs dk iDdk edku gS tks ik=rk Js.kh ds vUrxZr ugha vkrs gSA

3- Jh fuBwjh iq= Nfoyky& buds vkoklh; fLFkfr dk LFkyh;

lR;kiu fd;k x;k] crk;k x;k fd budks o"kZ 2003&04 eas bfUnjk vkokl feyk gS ekSds ij ik;k x;k gS fd buds ikl iDdk dejk gS tks ik=rk Js.kh ds vUrxZr ugha gSA

4- Jherh 'kkUrh iRuh cfyjke] buds vkoklh; fLFkfr dk LFkyh; lR;kiu fd;k x;k] ekSds ij ik;k x;k gS fd buds ikl iDdk edku gS tks ik=rk Js.kh ds vUrxZr ugha gSA

5- Jh fot; dqekj iq= eqUuhyky buds vkoklh; fLFkfr dk LFkyh; lR;kiu fd;k x;k] crk;k x;k fd buds firk pdcUnh foHkkx esa ys[kiky gS rFkk ekSds ij ik;k x;k gS fd buds ikl iDdk edku gS] tks ik=rk Js.kh ds vUrxZr ugha gSA

6- Jh jkgqy dqekj iq= HkkypUnz buds vkoklh; fLFkfr dk LFkyh; lR;kiu fd;k x;k] crk;k x;k fd buds firk HkkypUnz iq= fons'kh dks o"kZ 2003&04 esa bfUnjk vkokl fn;k x;k gS rRle; la;qDr ifjokj gksus ds dkj.k ik=yrk Js.kh ds vUrxZr ugha vkrs gSaA

7- Jh /keZjkt iq= xksc/kZu& buds vkoklh; fLFkfr dk LFkyh; lR;kiu fd;k x;k] crk;k x;k fd buds ekrk jft;k iRuh xksc/kZu dks o"kZ 2003&04 eas bfUnjk vkokl fn;k x;k gS rRle; l;qa Dr ifjokj es fuokl djrs Fks] ik=yrk Js.kh ds vUrxZr ugha vkrs gSaA

8- Jherh gseoUrh iRuh pfUnzdk buds vkoklh; fLFkfr dk LFkyh; lR;kiu fd;k x;k] crk;k x;k fd budks o"kZ 2003&04 esa bfUnjk vkokl ;kstuk ls vkoklh; lqfo/kk fn;k x;k gSA tks ik=yrk Js.kh ds vUrxZr ugha vkrh gSA** “ 1. Sh. Santosh s/o Pardeshi­ On­the­ spot verification of his residential status was done and it has been found that he possesses two­rooms concrete house, though he is not covered under the eligibility zone.

2. Sh.Dudhai s/o Banwari­ On­the­spot verification of his residential status was underaken and it has been reported that Dudhai alias Doodh Nath is the name of one and the same person and his wife Parvati has been allotted an Indira Awas in the year 2003­04. It has been found that he possesses two­rooms concrete house and though, he does not fall under eligibility zone.

3. Sh. Nithuri s/o Chhavi Lal­ On­the­ spot verification of his residential status was done and it has been reported that he has been allotted an Indira Awas in 2003­04. It has been found on the spot that he possesses a concrete room and though he does not fall under eligibility zone.

4. Smt Shanti w/o Bali Ram­ On­the­spot verification of her residential status was done and it has been found on the spot that she possesses a concrete house and though she does not fall under eligibility zone.

5. Sh. Vijay Kumar s/o Munni Lal – On­ the­spot verification of his residential status was undertaken and it has been reported that his father is posted as Lekhpal in the Consolidation Department and it has been found on spot that he possesses a concrete house and though he does not cover under the eligibility zone.

6. Sh. Rahul Kumar s/o Bhal Chandra­ On­ the­spot verification of his residential status was undertaken and it has been reported that his father Bhal Chandra s/o Videshi has been allotted an Indira Awas in 2003­04. At that time being a member of joint family he does not fall under the eligibility zone.

7. Sh. Dharmesh s/o Govardhan – On­the­ spot verification of his residential status was done and it has been reported that his mother Razia w/o Govardhan has been allotted an Indira Awas in 2003­04 and at that time he was a member of joint family, though, he does not fall under eligibility zone.

8. Smt Hemwanti w/o Chandrika – On­the­ spot verification of her residential status was undertaken and it has been reported that she has been provided residential facility under Indira Awas Yojna in the year 2003­04, though she does not fall under the eligibility zone.”

(English translation by Court) 2. In the entire writ petition, these findings have not been challenged. In view thereof and particularly since there are un-controverted findings of fact recording in eligibility of petitioners, we find no manifest error in the order impugned in this writ petition. It is, accordingly, dismissed.

Order Date :- 27.11.2017 LN Tripathi