Arun Kumar Singh Deshwal, J.

1. Heard learned counsel for the petitioner, Sri Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha, learned Standing Counsel for the State and perused the record.

2. Contention of learned counsel for the petitioner is that lease/patta was granted for construction of residential house vide order dated 08.01.2021. Subsequently, proceeding under Section 128 of U.P. Revenue Code, 2006 was initiated by one Hari Lal for cancellation of Patta before ADM (F/ R), Jaunpur which was decided in favour of the petitioner vide order dated 07.10.2022. Though the revision was filed against the order dated 07.10.2022 passed by the ADM(F/R), Jaunpur but interim order was not granted in that revision.

3. It is further contended by learned counsel for the petitioner that he was also included in the list of beneficiary for Pradhan Mantri Avas Yojana and first installment was also released but because of illegal encroachment over the allotted land by respondent nos.5 and 6, the petitioner could not construct the house, therefore, he moved an application before the District Magistrate dated 25.04.2023, under Section 65 of U.P. Revenue Code, 2006 for delivery of possession from illegal occupation of respondent nos.5 and 6 but till date no action has taken.

4. In view of above, the petitioner is permitted to move fresh application before the SDM, Badlapur, District Jaunpur, under Section 65 of U.P. Revenue Code, 2006 within a period of 15 days from today along with certified copy of this order. In case, such an application is filed then the respondent no.2 will pass an appropriate order in accordance with law, within further period of one month after verifying the fact mentioned above.

5. With the aforesaid direction, the petition is disposed of.