SMT.MAYA DEVI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF PANCHAYAT RAJ LKO AND 4 OTHERS
/7621/2025 · 2025-08-13
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156272 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156272 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47322-DB Court No. - 2 Case :- WRIT - C No. - 7621 of 2025 Petitioner :- Smt.Maya Devi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Panchayat Raj Lko And 4 Others Counsel for Petitioner :- Prem Chandra Chauhan Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-respondents, Shri Dilip Kumar Pandey, learned counsel for respondent no.5 and perused the record.
2. This writ petition has been filed by petitioner with following main prayers:
"(i) issue a writ order or direction in the nature of mandamus commanding the opposite parties to provide the same benefit for allotment of Avas under the scheme of Pradhan Mantri Avas Yozana as has been given to similarly situated persons Laxmi Devi wife of Viram, Ram Laxmi wife of Jaswant Verma, Akhilesh Verma, son of Radhey Shyam, Rinka Devi wife of late Kaushal. (ii) issue a writ order or direction in the nature of mandamus commanding the opposite party No.3 to include the name of the petitioner in the list of legible candidates for allotment Avas in pursuance of the order dated 21.3.2024 contained Annexure No.7 to this writ petition."
3. It has been submitted by learned counsel for the petitioner that the petitioner had earlier filed Writ-C No.11175 of 2023, which was disposed of on 20.12.2023 with direction to the petitioner to approach the Chief Development Officer, Sitapur and the Chief Development Officer, Sitapur was also directed to consider and decide such application of the petitioner within a period of three months from the date of a certified copy of the
order along with application is placed before him. The petitioner made an application, which has been decided by the Chief Development Officer, Sitapur on 21.03.2024, a copy of which has been filed as Annexure No.7 to the writ petition.
4. It has also been submitted by learned counsel for the petitioner that despite the Chief Development Officer, Sitapur finding the petitioner to be eligible for grant the benefit of the Pradhan Mantri Avas Yojana, she has not yet been given such benefit, hence this writ petition has been filed with the aforesaid prayers.
5. Learned Standing Counsel has produced before this Court instructions sent by the Block Development Officer, Block Pahla, District Sitapur, wherein it has been stated that a survey was carried out in pursuance of the order passed by the Chief Development Officer, Sitapur and thereafter Checker survey is again being carried out in terms of letter No.M-1208/02/2019- RH(M&T)(Part) (390828) issued by the Director (RH), (Rural Housing Division), Department of Rural Development, Ministry of Rural Development, Government of India and wherein the date fixed for completion of checker survey is
31.08.2025. In the initial survey, petitioner - Smt. Maya Devi has been included and her beneficiary I.D. is 174731660. It has further been stated that the petitioner has referred to four persons similarly situated as the petitioner, but she has failed to point out that such four beneficiaries have been given avas under the Mukhya Mantri Avas Yojana and not under the Pradhan Mantri Avas Yojana. The instructions are taken on record.
6. This writ petition is disposed of with direction to the respondents/authorities to complete Checker survey on 31.08.2025 as proposed and to finalize the list of beneficiaries
and in case the petitioner is found to be suitable for being given the benefit, such benefit shall be given to her as is being given to similarly situated beneficiaries within the time as prescribed by the State Government in its Scheme. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.)
Order Date :- 13.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench