Sunder Lal v. State of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Civil Secrt. Lko. and Others

Court No. - 1 Case :- WRIT - C No. - 10344 of 2023 Petitioner :- Sunder Lal Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Civil Secrt. Lko. And Others Counsel for Petitioner :- Mahesh Prasad Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioner and Shri Nishant Shukla, learned Additional Chief Standing Counsel for State-respondents.

¶2By means of the present writ petition, the petitioner-Sunder Lal, seeks issuance of a writ of mandamus commanding/directing the respondent No.3 to stop the interference in construction of the Awas under the Pradhan Mantri Awas Yojna over the ancestral old house of the petitioner.

¶3A preliminary objection as to the maintainability of the present writ petition has been raised that the present writ petition has raised a grievance with respect to a private dispute which may not to be amenable to writ jurisdiction.

¶4To repel the preliminary objection raised by learned Additional Chief Standing Counsel, it is submitted by learned counsel for the petitioner that though a civil suit instituted by respondent No.5 is pending before the competent civil Court for permanent injunction but the competent civil Court has not passed any order granting any injunction in favour of the said respondent. It is further submitted that the petitioner has not encroached upon any part of the land as alleged but he is intending to raise construction upon the land over which a kutcha construction exists.

¶5It is after demolishing the kutcha construction that the petitioner would proceed to construct the house for utilising the funds sanctioned in his favour under Pradhan Mantri Awas Yojana. An application clarifying the position as regards the civil proceedings has been filed before the Sub Divisional Magistrate concerned as contained in Annexure No.2 to the writ petition.

¶6Without entering into the merit of the case, we hereby direct the Sub Divisional Magistrate concerned to carry out the necessary spot inspection and submit a report before the Court concerned in the pending suit. The Court concerned may accordingly pass necessary order after hearing both the parties on the report so submitted.

¶7The petitioner is stated to be a poor and differently abled person. Let a copy of this order be sent to Secretary, District Legal Services Authority, who may take necessary measures to provide legal aid to the petitioner on examination of his financial status.

¶8With the aforesaid direction, the writ petition is disposed of. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 28.11.2023/Shubhankar High Court of Judicature at Allahabad, Lucknow Bench