SHUBHAM SRIVASTAVA v. STATE OF U.P. THRU. SECY. DEPTT. HOME. and OTHERS
WPIL/2406/2018 · 2025-11-18
Rajan Roy, Rajeev Bharti
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 184299 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184299 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 2406 of 2018 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE RAJEEV BHARTI, J. Heard. This petition was filed in the nature of Public Interest Litigation in 2018 seeking following reliefs:
"(i) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to conduct the proper enquiry in matter of allotment of House for the Financial year 2014-15 in Block Salon, Gram Sabha Pira Nagar, District Raebareli and take legal action in accordance with law. (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to recover the amount as per notice dated 16.1.2017 contained in Annexure No. 3 to this writ pettion. (iii) issue a writ, order or direction in any nature which this Hon'ble court may deem fit and proper under the circumstances of the case. (iv) award the cost of the writ petition in favour of the petitioner. " The counter affidavit accepts the allegation of the petitioner that irregularities were fund in allotment of house under Indira Awas Yojna in Block Salon Gram Sabha Pira Nagar, District Raebareli for the year 2014-15. It also mentions about some action having been taken in the form of adverse entries given to certain officials on 21.01.2017 based on the inquiry report dated 21.01.2017. Para 4 also speaks of recovery of Rs. 5000/- each from four ineligible candidates and efforts for further recovery being made. We are now in 2025. The instructions received by the Standing Counsel, Mr. Pratyush Chaubey, dated 30.11.2021 in response to our order dated 26.10.2021 do not have anything to add to what has already been stated in the affidavit filed in 2021 itself. It only speaks that recovery certificate has been issued for recovery of remaining amount of Rs. 65,000/- each from the said four persons. This is hardly an improvement on the Versus Counsel for Petitioner(s) : Yamuna Prasad Yadav, Ravindra Kumar Singh Counsel for Respondent(s) : C.S.C. Shubham Srivastava .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Home. And Others .....Respondent(s)
affidavit already filed, as, that also mentions about efforts for further recovery.
Petitioner shall approach Collector, Raebareli along with copy of this order by moving an application on which the collector shall get the facts verified as to whether recovery has been effected or not and result of such exercise shall be communicated to the petitioner within six weeks of filing of such application. If it has not been effected then needful shall be done unless there is any legal impediment, within the same period. The petition is disposed of. November 18, 2025 Santosh/- WPIL No. 2406 of 2018 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench