Petitioner sought a direction to supply the cancellation order of her house under a rehabilitation scheme and to prevent dispossession. The Court rejected pleading vague facts, suggesting the petitioner use the RTI Act, 2005 to obtain the order instead, and dismissed the petition.
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Court No. - 39
Case :- WRIT - C No. - 9962 of 2019
Petitioner :- Keshar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.,Abhinav Ojha,Rohan Gupta
Hon'ble B. Amit Sthalekar,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Amit Kumar Singh, learned counsel for the petitioner, Sri Abhinav Ojha, learned counsel appearing for Respondent No.3, Sri Rohan Gupta, learned counsel appearing for Respondent No.4 and learned the Standing Counsel for Respondent Nos. 1 and 2.
The petitioner in the writ petition is seeking a direction to the respondents to supply a copy of the cancellation order in respect of the house of the petitioner and in the meantime, not to dispossess the petitioner from her allotted house.
It appears that a PIL No. 11393 of 2012 was filed, wherein it was claimed that the houses constructed under Sri Kanshiram Ji Shahari Garib Awas Yojna had been allotted to ineligible persons and, therefore, a prayer had been made for cancellation of such allotments and to re-settle the same as per G.O. dated 10.06.2011. That PIL petition was disposed of with a direction that if petitioner makes a detailed representation before the authority, the same shall be examined by the District Magistrate and after necessary inquiry and opportunity of show cause and hearing to all the necessary parties, appropriate decision shall be taken by the District Level Committee in accordance with law expeditiously, preferably, within six months from the date of filing of such representation.
Annexure No. 7 to the writ petition is an order dated 21.06.2017 which mentions that the allotment of the persons whose names are shown in the order have been cancelled but in order to maintain law and order no dispossession is being done at present.
The name of the petitioner, Smt. Kesar w/o Halke Ram is at serial no. 15 in the list mentioned in the order dated 21.06.2017. It is always open for the petitioner to apply under the RTI Act, 2005 and obtain the order of cancellation instead of approaching this Court on vague facts.
The writ petition is dismissed with the above observation.
Order Date :- 26.3.2019 Imroz
[Dr. Y. K. Srivastava, J.] [B. Amit Sthalekar, J.]
2 issues framed by the court
Whether to direct respondents to supply the cancellation order of the petitioner's house allotment and refrain from dispossession.
Whether the petitioner should approach the Court or obtain the cancellation order under the RTI Act, 2005.
Keshar
State Of U.P.
3 Others
B. Amit Sthalekar
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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