Heera Kali vs State Of U.P. And 3 Others
2022 Latest Caselaw 1619 ALL

Citation : 2022 Latest Caselaw 1619 ALL
Judgement Date : 27 April, 2022

Allahabad High Court

Heera Kali vs State Of U.P. And 3 Others on 27 April, 2022

Bench: Vivek Kumar Birla, Vikas Budhwar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 8970 of 2022
 

 
Petitioner :- Heera Kali
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vivek Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikas Budhwar,J.

Heard learned counsel for the petitioner and learned Standing Counsel.

The present petitioner has been filed for seeking the following reliefs:-

"i. Issue a writ, order or direction in the nature of CERTIORARI to quash the claim rejection order/letter dated 07.12.2018 issued by oppo. no. 4 insurance company.

ii. Issue a writ, order or direction in the nature of MANDAMUS commanding to opposite party no. 3 to settle the insurance claim of the petitioner and provides the monitory benefit to the petitioner under the scheme of the "Mukhyamantri Kisan Evam Sarvhit Bima Yojna" formulated by the state government of Uttar Pradesh.

iii. Issue a writ, order or direction in the nature of MANDAMUS commanding to opposite parties to pass order with considering the judgment and order dated 06.11.2019 passed by this Hon'ble Court in Writ Petition (C) no. 39719 of 2018 Vindhyachal Bind Versus State of U.P.

iv. Issue any writ order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in favour of the petitioner in the interest of justice.

v. Allow the cost of the writ petition in favour of the petitioner."

The Stamp Reporting has reported laches of 1076 days on 16.02.2022 and the petition was filed after removal of the defect on 28.03.2022.

On 06.04.2022 the following order was passed:-

"Learned counsel for the petitioner prays for and is granted two weeks to file supplementary affidavit explaining the laches of 1076 days.

Put up this case on 21.4.2022 as a fresh one."

Pursuant to the above quoted order, the learned counsel for the petitioner has filed supplementary affidavit explaining the laches in paragraph nos. 6 to 11.

After some argument, learned counsel for the petitioner has submitted that he may be permitted to withdraw the present petition.

Accordingly, the present petitioner is dismissed as withdrawn with liberty to avail the remedy as may be available to the petitioner in accordance with law.

Order Date :- 27.4.2022

Nisha