Allahabad High Court
Smt. Sushila Devi And 4 Others vs State Of U.P. And 3 Others on 31 May, 2022
Bench: Vivek Kumar Birla, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 15742 of 2022
Petitioner :- Smt. Sushila Devi And 4 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shreesh Srivastava
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 petition has been filed seeking the following reliefs:-
"i) Issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 2 & 3 to honor and Judgment and Award dated 20.05.2011 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 6, Kanpur Nagar and recover the awarded amount of compensation from the respondent number 4 within a stipulated period of time pursuant to recovery certificate issued by the Tribunal (Annexure No. 7) along with upto date interest.
ii) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 4 to deposit the awarded amount of compensation before Tribunal within stipulated period of time.
iii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the present case."
In our opinion, the present petition is patently misconceived, as the petitioner has already filed Execution Case no. 26/74 of 2011 in M.A.C.P. No.73 of 2000.
The present petition has been filed solely on the ground that the execution proceedings are being delayed. In our opinion, this by itself cannot be a ground for holding the present petition maintainable. Accordingly, the same stands dismissed.
However, this Court further finds that the proceedings for executing the award dated 20.5.2011 is pending since the year 2011, as apparent from the perusal of Annexure-7 to the writ petition, which happens to be a communication dated 31.8.2021 sent by the Presiding Officer, M.A.C.T, Kanpur Nagar.
We, therefore, leave it open to the petitioner to pursue his remedy for getting the execution application decided in the light of the communication of the Presiding Officer, MACT, Kanpur Nagar dated 31.8.2021 and the fact that the amount in question is to be realized from the Respondent no.4/ Addl. Inspector General of Police, Headquarter U.P. Allahabad through Senior Superintendent of Police, (now Police Commissioner), Kanpur Nagar. The Respondent nos. 2 and 3 are further expected to do all the needful expeditiously as soon as possible to effect execution of the award dated 20.5.2011, obviously subject to any legal impediment in existence.
We, however, prima facie, from the pleadings so set forth in the writ petition find that in the present case, recovery is being sought to be effected from the Government Department and thus there should not be any laxity in making recovery while giving it a logical end, particularly, when the Government Department is liable to pay the said amount.
Learned Standing Counsel is directed to send a copy of this order to Director General of Police, Uttar Pradesh, Lucknow as well as to the Chief Secretary, Government of U.P, Lucknow.
Order Date :- 31.5.2022
N.S.Rathour
