Allahabad High Court
Smt. Sadiya Begum And Another vs State Of U.P. Through Collector Gonda ... on 21 January, 2010
Bench: Devi Prasad Singh, Devendra Kumar Arora
Court No. - 27 Case :- MISC. BENCH No. - 4742 of 2001 Petitioner :- Smt. Sadiya Begum And Another Respondent :- State Of U.P. Through Collector Gonda Nad Others Petitioner Counsel :- Janardan Singh Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the parties.
On account of default of payment of dues, the recovery proceeding has been initiated against the petitioners by the opposite parties. Against the recovery proceeding, the petitioners have approached this Court under Article 226 of the Constitution of India.
The submission of the counsel for the petitioners is that the petitioners belong to Below Poverty Line and under the scheme known as Indira Avas, the petitioners were alleged to be granted non-refundable amount of Rs.20,000/- for construction of house. It has been stated by the counsel for the petitioners that only an amount of Rs.10,000/- was paid to the petitioners and rest of the amount has not been paid. The further submission of the counsel for the petitioners is that amount given to the petitioners under the said scheme for the construction of house is non-refundable and was given to the Below Poverty Line class, the opposite parties have got no right to recover the same.
The controversy involves the disputed question of fact, which can be adjudicated by the District Magistrate, Gonda.
Accordingly, the writ petition is disposed of finally directing the petitioners to represent their case to the District Magistrate, Gonda, who shall decide himself or may refer the matter to other Competent Authority, which can be adjudicated the controversy keeping in view the scheme/ government orders and shall pass speaking and reasoned order expeditiously preferably within a period of four months from the date of receipt of a certified copy of this order and communicate the decision.
For the period of four months, the status-quo as exists today, shall be maintained.
Subject to the aforesaid directions, the writ petition is disposed of finally.
Order Date :- 21.1.2010 Suresh/-