Kailash Nath Kesharwani And 4 Ors. vs State Of U.P. And 4 Ors.
2016 Latest Caselaw 2244 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Chief Justice's Court
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 20269 of 2016
 
Petitioner :- Kailash Nath Kesharwani And 4 Ors.
 
Respondent :- State Of U.P. And 4 Ors.
 
Counsel for Petitioner :- Anshul Nigam
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
 
Hon'ble Yashwant Varma,J.

The allegation which has been made in the public interest litigation relates to the selection of beneficiaries under the Lohiya Awas Yojana in respect of Gram Panchayat Tewan, Block Manjhanpur, District Kaushambi. The allegation of the petitioners is that allotments are made to persons who have not fulfilled the eligibility criteria provided under the guidelines of the Scheme. Moreover, it has been urged that several beneficiaries, who do not belong to Gram Panchayat Tewan, have been provided that benefit.

In our view, it is but appropriate and proper that since a Scheme has been formulated in public interest and for the welfare of the needy, the selection of beneficiaries must abide by the guidelines of the Scheme and all necessary steps be taken for evaluating complaints against inclusion of ineligible persons in the list of beneficiaries. Hence, we are of the view that it would be appropriate and proper to direct the Collector and District Magistrate, Kaushambi, to duly scrutinize the actual selection of beneficiaries and to enquire into complaints regarding selection of allegedly ineligible persons as beneficiaries. This exercise shall be completed within three months from the date of receipt of a certified copy of this order. However, we leave it open to the Collector and District Magistrate to determine the modalities for the enquiry, if necessary by conducting a physical survey for verifying the actual beneficiaries.

The petition is, accordingly, disposed of. There shall be no order as to costs. 

Order Date :- 4.5.2016

RKK/-

(Yashwant Varma, J)                   (Dr D Y Chandrachud, CJ)