Court No. - 34
Case :- WRIT - C No. - 29821 of 2017 Petitioner :- Sumitra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Called in revise. None appeared for petitioners to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, we ourselves have perused the record.
2. Writ petition is directed against order dated 07.02.2017 passed by Block Development Officer Snatha, District Sant Kabir Nagar rejecting petitioners' representation against cancellation of allotment of house under Indira Awas Scheme, earlier made in favour of petitioners on the ground that petitioners are not Scheduled Caste but in the category of Other Backward Class (Kahar) and therefore, allotment was illegally made.
3. In the writ petition petitioners are not disputing the caste but states that since petitioners are below poverty line, therefore, entitled for allotment of house under the said scheme.
4. The scheme does not show that it was applicable only on the basis of economy criteria and not on the basis of reservation category, therefore, it cannot be said that order passed by authority is illegal or contrary to law.
5. Writ petition lacks merit.
6. Dismissed.
7. Interim order, if any, stands vacated.
Order Date :- 27.2.2019 KA