SRI KESHAN SHARMA v. STATE OF U.P.THRU PRIN.SECY.RURAL DEVELOPMENT AND and 7 ORS.
WRIC/27570/2018 · 2025-11-12
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184176 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184176 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 27570 of 2018 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:-
"Issue a writ order or direction in the nature of mandamus commanding the opposite parties to provide the house under the scheme of Pradhanmantri Avas Yojna-2018-19 launched by Central Government for providing the houses to the residents of the villagers living below poverty line."
3. It has been submitted by learned Counsel for the petitioner that the petitioner is a landless labourer in Gram Panchayat Nibauriya, Tehsil Nighasan, District Lakhimpur Kheri, and he belongs to the down-trodden class of the society. He has no house of his own. The Central Government had launched the scheme called "Pradhan Mantri Awas Yojana 2018–2019" to provide houses to persons, who are living below the poverty line. The guidelines issued by the Government have been filed as Annexure-1 to the Writ Petition. 4. In paragraph 4.2.2 of such guidelines, it has been provided that landless Versus Counsel for Petitioner(s) : Ajay Kumar Mishra, Lalu Prasad Bhatt, Priyam Kumar Singh, Sachin Counsel for Respondent(s) : C.S.C., Yogendra Nath Yadav Sri Keshan Sharma .....Petitioner(s) State Of U.P.Thru Prin.Secy.Rural Development And And 7 Ors. .....Respondent(s)
labourers are entitled to such benefit. The petitioner is a landless labourer and a very poor person. The Gram Sabha has prepared a final list of eligible persons to whom said benefit has been given. Some selected candidates have already got sufficient land and have constructed houses on it, but they have been provided the benefit of the scheme. Such ineligible persons are shown at serial nos.3, 10, 12, 13, 18, 28, 29, 35 & 36 of the list of beneficiaries, a copy of which has been filed as Annexure-3 to the Petition. 5. The petitioner has made a complaint in this regard, but a Report has been submitted that although he is eligible, he cannot be granted the benefit of "Pradhan Mantri Awas Yojana" as his name does not figure in the Socio Economic Caste Census of 2011. 6. The Petition has been pending since 2018.
Although in the counter affidavit, a mention has been made regarding absence of the name of the petitioner in the Socio Economic Caste Census 2011 (SECC 2011), and that the priority list is prepared only on the basis of SECC 2011, there is no information either with the petitioner or with the learned Standing Counsel with regard to any amendment of the guidelines of the "Pradhan Mantri Gramin Awas Yojana" and the current status of such scheme. 7. We dispose of the Writ Petition with the direction to the petitioner to move a fresh representation to the Chief Development Officer, Lakhimpur Kheri, within a period of ten days from today, indicating his grievance and his current status. The Chief Development Officer shall get an enquiry conducted in the matter and pass an appropriate, reasoned, and speaking order within a period of four weeks thereafter. November 12, 2025 Rahul WRIC No. 27570 of 2018 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench