The Single Judge Court dismissed a writ petition seeking direction for allotment of a public house under the Kanshiram Shahri Garib Awas Yojana, finding no illegality in the respondent's order allocating the house via lottery.
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Court No. - 32
Case :- WRIT - C No. - 23007 of 2019
Petitioner :- Rajesh Kumar Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
By means of this writ petition, the petitioner is, inter alia, seeking a direction for allotting a house under Kanshiram Shahri Garib Awas Yojna, Kalindipuram, Mehndauri, Naini, Phaphamau and Allahabad.
It is pertinent to mention here that the petitioner had earlier preferred a Writ Petition No. 57532 of 2017 (Rajesh Kumar Verma Vs. State of UP and others) before this Court and this Court had directed the District Magistrate, Allahabad to consider his application and pass appropriate orders within a stipulated period of time. The said application was decided by the District Magistrate by order dated 24.9.2018 wherein it has been, inter alia, stated that in fact the petitioner Rajesh Kumar Verma has not filed any application for allotment under the aforesaid scheme but the application has been filed on behalf of his wife Smt. Chitra Verma. It was further observed in the said order that though Smt. Chitra Verma, wife of the petitioner was eligible for the allotment of the house under the scheme but since the houses were limited and the applicants who had applied were more than that, consequently, selection for allotment of the house
was made by draw of lottery in which Smt. Chitra Verma, wife of the petitioner could not succeed, as such, her application for allotment was dismissed with the assurance that in case any vacant house is available in future, it will be allotted to her in accordance with law. It is also notable that although the application for allotment of the house under the said scheme was filed by the wife of the petitioner but still the writ petition has been preferred by her husband instead of his wife.
The petitioner Rajesh Kumar Verma, who appeared in person before this Court, could not able to pin point any illegality or infirmity in the impugned order dated 24.9.2018 passed by the District Magistrate, Allahabad, Respondent No. 3.
In view of the above, we do not see any justification to interfere in the matter.
The writ petition is, accordingly, dismissed.
Order Date :- 18.7.2019 vinay
1 issue framed by the court
Whether this court should interfere with the order of the District Magistrate declining the petitioner's application for allotment of a house under the Kanshiram Shahri Garib Awas Yojana.
Rajesh Kumar Verma
State Of U.P.
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
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