Allahabad High Court
Shahjahan vs State Of U.P. Thru. Commissioner ... on 19 April, 2023
Bench: Rajan Roy, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- WRIT - C No. - 3113 of 2023
Petitioner :- Shahjahan
Respondent :- State Of U.P. Thru. Commissioner And Secy. Board Of Revenue Lko. And Others
Counsel for Petitioner :- Naresh Singh
Counsel for Respondent :- C.S.C.,Zafar Aziz
Hon'ble Rajan Roy,J.
Hon'ble Manish Kumar,J.
The present writ petition has been preferred by the petitioner with the following main prayers:-
"(a) a writ, order or direction in the nature of Certiorari quashing/setting aside the impugned order dated 11.03.2019 contained in Annexure No. 1 to the writ petition.
(b) a writ order or direction in the nature of mandamus commanding the opposite party no. 2 to consider and take a decision on representation/appeal dated 06.03.2023 to the higher authority that is District Magistrate, Hardoi U.P. and regarding the claim of the petitioner on merit as contained as Annexure No. 6 to this writ petition in the interest of justice."
Parties counsel have submitted that the case at hand is covered by the judgment/order dated 04.04.2023 passed in Writ C No. 2547 of 2023. The said judgment reads as under:-
"Heard.
The present writ petition has been preferred with the following main prayers:-
'(a) a writ, order or direction in the nature of Certiorari quashing/setting aside the impugned order dated 11.03.2019 contained in Annexure No. 1 to the writ petition.
(b) a writ order or direction in the nature of mandamus commanding the opposite party no. 2 to consider and take a decision on representation/appeal dated 27.01.2023 to the higher authority that is District Magistrate and regarding the claim of the petitioner on merit as contained as Annexure No. 5 to this writ petition in the interest of justice.
(c) a writ, order or direction in the nature of Mandamus commanding upon the opposite parties to immediately grant the benefits admissible to the petitioner under the "Samajvadi Kisan Evam Sarvhit Beema Yojana now renamed as Mukhyamantri Kisan Evam Sarvhit Beema Yojana'.'
The facts of the case are that the petitioner has applied for benefit under the Samajvadi Kisan Evam Sarvhit Beema Yojana now renamed as Mukhyamantri Kisan Evam Sarvhit Beema Yojana after demise of her husband Late Naimish Kumar who was duly covered under the aforesaid Yojana. The said application of the petitioner was rejected vide impugned order dated 11.03.2019 on the ground that income certificate has been provided after 45 days.
Learned counsel for the petitioner has submitted that as per the Government Order dated 21.08.2017, the said period of 45 days has been withdrawn.
Sri Zafar Aziz, learned counsel for opposite party no.4 accepts the fact that vide Government Order dated 21.08.2017, the requirement of submission of income certificate within 45 days has been done away with.
In view of the above, the present writ petition is allowed. The impugned order dated 25.04.2019 is hereby quashed. Opposite party no.4 is directed to consider the claim of the petitioner afresh keeping in mind the facts noticed hereinabove within a period of two months from the date certified copy of the order is submitted."
The said judgment was corrected by this Court on 17.04.2023, which reads as under:-
"(C. M. Application No. 2 of 2023)
This is an application for correction of the order dated 04.04.2023 supported with affidavit.
Heard.
In the second line of last paragraph of the order dated 04.04.2023 the date '25.04.2019' has wrongly been mentioned. It should be '11.03.2019'.
The reference made in the order dated 04.04.2023 to the date '25.04.2019' shall be read and understood as a reference made to the date '11.03.2019' and the order dated 04.04.2023 shall be treated as corrected accordingly.
The application is allowed."
In view of the above, we dispose of the writ petition in terms of the above quoted judgment rendered in Writ C No. 2547 of 2023.
Order Date :- 19.4.2023
Nitesh
