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2025 DAILYLAW 160644 (ALL)

IMAN INDIAN MINORITY ACTION NETWORK THRU. PRESIDENT NAFEES AHMAD v. STATE OF U.P. THRU. CHIEF SECY. GOVT. OF U.P. LKO. AND 7 OTHERS

WPIL/890/2025 · 2025-08-29

Manjive Shukla, Rajan Roy

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 890 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the respondent nos.1 to 5, Shri Shikhar Anand, learned counsel for respondent no.8 and Shri Pankaj Gupta, learned counsel for the respondent nos.6 & 7. 2. The instant writ petition, in the form of a public interest litigation, has been filed seeking therein, the following reliefs: "(i) Issue a writ, order or direction in the nature of Mandamus directing respondent nos.2 to 7 to grant a residential Patta (Land Allotment) to the person namely Rizwan and his sister Km. Khushbu both are unmarried and landless persons. (ii) Issue a writ, order or direction in the nature of Mandamus directing respondent nos. 2 to 7 to provide them with a permanent house under Pradhan Mantri Awas Yojana (Gramin); (iii) Issue a writ, order or direction in the nature of Mandamus directing respondent nos. 2 to 7 to ensure issuance of Ration Card and access to food security under the National Food Security Act, 2013; Versus Counsel for Petitioner(s) : Rakesh Kumar Modanwal Counsel for Respondent(s) : C.S.C., Pankaj Gupta, Shikhar Anand Iman Indian Minority Action Network Thru. President Nafees Ahmad .....Petitioner(s) State Of U.P. Thru. Chief Secy. Govt. Of U.P. Lko. And 7 Others .....Respondent(s) (iv) Issue a writ, order or direction in the nature of Mandamus directing respondent nos. 2 to 7 to provide educational and employment-related assistance; (v) Issue a writ, order or direction in the nature of Mandamus directing respondent nos. 2 to 7 to include them under the Zero Poverty Campaign and rehabilitate them accordingly; (vi) Issue a writ, order or direction in the nature of Mandamus directing respondent nos. 2 to 7 to ensure temporary access to water, electricity, and sanitation facilities until permanent housing is provided. (vii) Issue a writ, order or direction in the nature of Mandamus directing respondent nos. 2 to 7 (Gram Pradhan) to verify the family's condition and pass a resolution for inclusion of their names in the beneficiary lists under Zero Poverty Campaign and other relevant welfare schemes. (viii) Issue directions to respondent no. 1 (State Government) to implement the Zero Poverty Campaign in a time-bound manner across all districts and of Uttar Pradesh ensure identification and rehabilitation of similarly situated families." 3. It has been contended on behalf of the petitioner that the State Government itself had issued a Government Order on 02.10.2024 wherein various provisions have been made for elimination of extreme poverty. It has further been contended that a representation dated 13.05.2025 has been made to the District Magistrate, Pratapgarh wherein, the entire facts and circumstances have been narrated and a request has been made to provide proper facilities to Rizwan and his sister Km. Khushboo, resident of Gram Panchayat-Mustafabad, Block Sangipur, Tehsil-Lalganj, District- Pratapgarh. 4. Learned Standing Counsel for the State does not have any objection if a direction is issued by this Court to the District Magistrate, Pratapgarh to look into the matter and decide the representation preferred by the WPIL No. 890 of 2025 2 petitioner. 5. In view of the aforesaid, this writ petition is finally disposed of with the direction to the District Magistrate, Pratapgarh to consider and decide the representation dated 13.05.2025 annexed at page 44 of this writ petition, by passing a speaking and reasoned order within a period of three months from the date a certified copy of this order is produced before him. We also expect that the District Magistrate, while considering the representation, will take a sympathetic view and provide permissible facilities to the aforesaid persons as per the Government Order dated 02.10.2024. August 29, 2025 akhilesh/- WPIL No. 890 of 2025 3 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench