Allahabad High Court
Nitin Kumar Chaubey & Another vs State Of U.P. & Another on 18 September, 2015
Bench: Arun Tandon, Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 53774 of 2015 Petitioner :- Nitin Kumar Chaubey & Another Respondent :- State Of U.P. & Another Counsel for Petitioner :- S.K. Singh Vashisht Counsel for Respondent :- C.S.C. Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the parties.
The petitioner's application for being provided benefit of dependent of freedom fighter under the scheme framed for the purpose has been rejected by the authority concerned on the ground that petitioner claiming to be the son of brother's son of Freedom Fighter is not covered within the definition of dependent.
Factual issues are involved as to whether petitioner is a dependent of Freedom Fighter or not, which may require leading of evidence and, therefore, proper remedy for the petitioner is to file a civil suit.
The writ petition is accordingly dismissed.
Order Date :- 18.9.2015 Ashish Pd.