Kusma Devi v. U.O.I. Through Ministry Rural Development Delhi and Others

Court No. -3 Case :-WRIT -C No. -5265 of 2020 Petitioner :-Kusma Devi Respondent :-U.O.I. Through Ministry Rural Development Delhi And Others Counsel for Petitioner :-Shyam Bahadur Counsel for Respondent :-C.S.C.,A.S.G.,Dileep Kumar Pandey Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State authorities and Shri Dilip Kumar Pandey, learned counsel for the Gaon Sabha concerned. Writ petition has been preferred with the following reliefs:-

i) Issue a writ, order or direction in the nature of Mandamus commanding to the opposite parties to transfer the second installment Rs. 35,000/- of "Indira Awas Yojna" in the petitioner saving Bank Account No.50216988902 of Allahabad Bank, Branch Office Ragarganj (Belsar) situated at Village Ragarganj (Belsar), Post Belsar, District Gonda as contained in Annexure no. 1 to this writ petition in the interest of justice

ii) Issue a writ, order or direction in the nature of Mandamus commanding to the opposite parties no. 1 to 4 to make inquiry and after that recoverd the first installment amount i.e. Rs. 35,000/- of "Indira Awas Yojana" from the opposite party no. 5 which was taken back in cash by opposite party no. 5 from the petitioner.

iii) Issue a writ, order or direction in the nature of mandamus commanding to the opposite parties no. 1 to 4 to provide the amount of Rs. 35,000/- to the petitioner if its recovered from opposite party no. 5 in the interest of justice." Learned counsel for petitioner submits that grievance of petitioner would be substantially met in case application of petitioner for the said purposes is considered and decided in a time bound manner. Without entering into merits of the case, the petitioner is permitted to make an application before the respondent no.3/Chief Development Officer, District Gonda, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of two weeks from today along with a certified copy of this order. In case such a application is moved by petitioner, respondent no.3, shall consider and decide the same in accordance with law after hearing all the concerned parties by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with application is placed before him. With the aforesaid directions, present writ petition is disposed of. (Manish Kumar,J) (Vivek Chaudhary,J) Order Date :- 2.11.2023 Ashish High Court of Judicature at Allahabad, Lucknow Bench