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Neutral Citation No. - 2025:AHC:107784-DB Court No. - 29 Case :- WRIT - C No. - 21067 of 2025 Petitioner :- Mamta Respondent :- State of U.P. and Another Counsel for Petitioner :- Dheeraj Kumar Tiwari Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Javed Alam holding brief of Shri Dheeraj Kumar Tiwari, learned counsel for the petitioner, Shri Akhileshwar Singh, learned Additional Chief Standing Counsel for the State- respondent no. 1, and Sri K.S.Chauhan, learned counsel for the respondent no. 2.
2. The instant writ petition has been preferred to quash the communication letter dated 14.5.2025 issued by the respondent no. 2 annexed as Annexure No. 2 to the writ petition.
3. Brief facts of the case are that the petitioner who is a 40% handicapped lady and belongs to the Economic Weaker Section, had applied online application dated 28.1.2025 for allotment of house under the scheme Ganga Nagar Yojana 3rd Floor, Block-64. She had deposited requisite fees of Rs. 25525/- on 28.01.2025 and also an income certificate issued by the Tehsildar, Tehsil Shikarpur, wherein, her income was shown as Rs. 46,000/- per annum. It has also been claimed that her husband had ousted her from his house. She had no accommodation due to which she had applied for the house under the scheme in question but the respondent rejected the claim of the petitioner, which is illegal, arbitrary, and unsustainable in the eyes of the law. As such, in the
interest of justice, the matter may be relegated to the respondent no. 2 to consider it afresh taking a sympathetic view in the matter.
4. Taking into consideration the plight of the petitioner, who is 40% handicapped and had been deserted by her husband, the Court is of the considered opinion that in the interest of justice, the authority must look into, examine and redress the grievance of the petitioner taking a sympathetic view but certainly after verifying factual aspects at the time of processing her application. Accordingly, the order impugned is set aside. The matter is relegated to the second respondent to consider the application of the petitioner afresh, expeditiously from the date of production of a certified copy of the order.
5. The writ petition is accordingly allowed. Order Date :- 8.7.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad