Allahabad High Court
Santosh Kumar Prajapati vs State Of U.P. And 3 Others on 5 September, 2023
Bench: Pritinker Diwaker, Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:175183-DB Chief Justice's Court Case :- WRIT - C No. - 30271 of 2023 Petitioner :- Santosh Kumar Prajapati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mayank Kumar Ranjan,Gyanesh Kumar Mishra Counsel for Respondent :- C.S.C.,Manoj Kumar Singh Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri Manoj Kumar Singh, learned counsel for the respondent nos. 2 to 4.
In this petition the petitioner is seeking allotment of EWS accommodation.
Learned counsel for the petitioner submits that advertisement in respect of ten accommodations has been issued, pursuant to the order dated 17.08.2022, passed by this Court in Writ-C No. 13389 of 2022, Manoj Kumar and 18 others vs. State of U.P. and 2 others, as also Writ C No. 6379 of 2023 (Soni Pal vs. State of U.P. & others). Learned counsel further submits that this Court vide order dated 12.04.2023, passed in Writ-C No. 6338 of 2023 had observed that if any EWS accommodation remained to be allotted the respondents may issue fresh advertisement, wherein all applicants including the petitioner herein may have a right to participate. It is contended that the name of the petitioner does not find place anywhere in the advertisement though the names of the prospective allottees have been mentioned therein.
Learned Standing Counsel submits that the last date of filing of application is 12th September, 2023 and if the petitioner fulfills the eligibility, his claim also be considered by the competent authority. He further submits that earlier also this Court has directed the respondent no. 3 to consider the name of the petitioner, if he is otherwise eligible.
In view of the above, without expressing any opinion on the merits of the case, the petition is disposed of directing the respondent no. 3 i.e. Nagar Ayukt, Nagar Nigam, Prayagraj, if the petitioner is found eligible, as per the norms of allotment condition, his name may also be considered for allotment of the EWS accommodation by draw of lots.
Needless to say that this Court has not expressed any opinion on the merits of the case and it shall be open for the respondent No. 3 to pass appropriate orders, strictly in accordance with law.
Order Date :- 5.9.2023 Deepak/ (Ashutosh Srivastava,J.) (Pritinker Diwaker,CJ.)