Mina Devi v. State of U.P. and 9 Others

Court No. - 40 Case :- WRIT - C No. - 20074 of 2023 Petitioner :- Mina Devi Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner and Shri Sharad Chandra Upadhyay, learned Standing Counsel for State respondents.

¶2Present writ petition has been preferred for a direction to respondents not to restrain the petitioner from raising the construction of her house under the Pradhan Mantri Awas Yojna over Plot No.402, Village Judapur, Dandu, Tehsil Soraon, Distt. Prayagraj and for a direction to respondent no.2 to consider and decide the representation of the petitioner dated 25.5.2023 within stipulated period.

¶3On the matter being taken up on 8.8.2023, we had asked District Magistrate, Prayagraj to file response within ten days. In response thereof, detailed affidavit has been filed by the District Magistrate. On the basis of said affidavit, this much is contended that the petitioner is not raising the construction under the Scheme in question on the allotted place, rather she is raising construction nearby the land in dispute, which created unrest and as such proceeding under Section 107/116 CrPC has also been initiated for maintaining law and order. Challan report dated

19.7.2023 is also appended along with the said affidavit as Annexure No.1. Regarding the land in dispute between the family members, Case No.982 of 2023 (Raj Kmar v. Mani Ram & Ors.) is also pending consideration before the Civil Judge, Sharki, Prayagraj. In this backdrop, it is contended that since the petitioner is raising construction other than the allotted place, hence no reprieve may be accorded.

¶4Considering the facts and circumstances as well as the categorical instructions produced before us, we are not inclined to interfere in the matter. Needless to say, it is open to the petitioner to raise the construction at the site, which is earmarked for the said purpose.

¶5The writ petition stands disposed of accordingly. Order Date :- 28.11.2023 SP/ High Court of Judicature at Allahabad