Meera v. State of U.P Thru. Prin. Secy. Rural Development Civil Secrt. Lko. and 7 Others

Court No. - 1 Case :- WRIT - C No. - 10576 of 2023 Petitioner :- Meera Respondent :- State Of U.P Thru. Prin. Secy. Rural Development Civil Secrt. Lko. And 7 Others Counsel for Petitioner :- Vishwanath Tripathi Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the parties.

¶2By means of instant writ petition, the petitioner has sought the following reliefs :- "I. Issue a writ, order or direction in the nature of mandamus commanding the opp. parties concerned to take the necessary action in respect of grievances of the petitioner raised in the application dated 4.9.2023 as contained in Annexure no.1 to this writ petition and also get made the fair and proper inquiry regarding illegally removing the name of petitioner from the eligibility list of allotment of Pradhan Mantri Avas and also provide the Pradhan Mantri Avas to the petitioner in the interest of justice. II. Issue a writ, order or direction in the nature of mandamus commanding the opp. parties concerned to consider and decide the application of the petitioner dated 4.9.2023 as contained in Annexure no.1 to this writ petition in the interest of justice."

¶3The petitioner as well as her husband both are registered as labours under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) scheme.

¶4It appears that an application for grant of financial aid to construct a house under Pradhan Mantri Awas Yojana was made by the petitioner and her name was included in the list of candidates at the district level. All such applications, in the normal course are subjected to verification through Gram Panchayat concerned.

¶5It appears that on a verification being made through the Gram Panchayat concerned, the name of the petitioner was deleted from the list of eligible candidates. The petitioner feeling aggrieved has made several representations and is running from pillar to post. It is submitted that even the ineligible persons have been advanced the financial aid under Pradhan Mantri Awas Yojana in preference to the claim of the petitioner. The petitioner claims to be a financially weak and vulnerable candidate.

¶6The petitioner is permitted to make an application before the Chief Development Officer, District Hardoi by enclosing all the relevant details within a period of one month from today. In case any such application is made, the claim of the petitioner shall be considered on due verification of her eligibility and if it is found that the petitioner does not have a residential house to live in, necessary action on her representation, shall be taken expeditiously and preferably within a period of three months.

¶7In case the petitioner is eligible for the grant of benefit, necessary action in this regard, shall accordingly be taken up.

¶8The writ petition is, accordingly, disposed of.

¶9Let a copy of this order be forwarded to the Secretary, District Legal Services Authority, who may provide the necessary legal aid to the petitioner so as to pursue her claim before the authority concerned. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 6.12.2023 Shubhankar High Court of Judicature at Allahabad, Lucknow Bench