Disposed

Ashok Kumar and Another v. Union of India Thru. Secy. Housing and Urban Affairs, New Delhi and 5 Others

Allahabad HC1 Jul 2024/370/2023

Case brief

AI extract

What is this about?

In Writ C No. 370 of 2023, the Allahabad High Court set aside an order rejecting the petitioners eligibility for PM Awas Yojana allotment. The court directed the District Magistrate to reconsider the claim based on a favorable enquiry report submitted by the Block Development Officer and granted a personal hearing to the petitioners within six weeks.

What did the court decide?

Impugned order dated 30.06.2022 set aside; District Magistrate directed to take fresh decision within six weeks considering the BDOf report; personal hearing to petitioners.

Ashok Kumar and Another Vs Union of India Thru. Secy… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:44723-DB

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Court No. - 3

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Case :- WRIT - C No. - 370 of 2023

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Petitioner :- Ashok Kumar And Another Respondent :- Union Of India Thru. Secy. Housing And Urban Affairs, New Delhi And 5 Others Counsel for Petitioner :- Rama Kant Dixit Counsel for Respondent :- A.S.G.I.,C.S.C.,Pankaj Gupta

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the petitioners and the learned Standing Counsel appearing on behalf of the State-respondents.

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This petition has been filed with the following prayer:-

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"Issue a writ order or direction in the nature of certiorary, quashing thereby the impugned order dated 30.06.2022 passed by respondent no. 3 by which the claim of the petitioners for allotment of PM Awas has been rejected as contained in Annexure No. 1."

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It has been submitted by the counsel for the petitioners that the petitioners have been found to be elegible for allotment of Pradhan Mantri Awas under the scheme by the Sub-Divisional Magistrate, who has conducted on-spot enquiry and a report has been submitted on 05.09.2022. The counsel for the petitioners has pointed out annexure no. 6 to the writ petition of which reference has been made in paragraph 13 of the writ petition.

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It has also been pointed out by the counsel appearing on behalf of the petitioners that paragraph 13 of the writ petition has not been denied in the counter affidavit filed by the respondents.

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We have noticed that one, Suresh Kumar Pandey currently posted as Block Development Officer, Prayagpur, Bahraich has filed counter affidavit and he has not disputed the content of paragraph 13 of the writ petition.

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If that be so, it is evident that the subsequent report has found the petitioners to be eligible.

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The order dated 30.06.2022 is set-aside , only with respect to the petitioners, namely, Ashok Kumar and Hanuman.

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The District Magistrate is directed to take a fresh decision after considering the report of the Block Development Officer, Prayagpur, Bahraich dated 22.08.2022, copy of which has been filed and annexed as annexure no. 6, within a period of six weeks from the date a certified copy of this order is produced before him.

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The writ petition stands disposed off .

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It is further directed that the District Magistrate shall give an opportunity of personal hearing to the petitioners to place their case before taking an appropriate decision in the matter.

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Order Date :- 1.7.2024 Anurag

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(Shree Prakash Singh,J.) (Mrs. Sangeeta Chandra,J.)

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar and Another v. Union of India Thru. Secy. Housing and Urban Affairs, New Delhi and 5 Others

Case brief

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Ashok Kumar and Another v. Union of India Thru. Secy. Housing and Urban Affairs, New Delhi and 5 Others

Case brief

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What the court decided

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