Saloni Sachan vs State Of U.P. And 3 Others
2023 Latest Caselaw 22350 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:166830-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 27750 of 2023
 

 
Petitioner :- Saloni Sachan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kamal Kumar Kesherwani
 
Counsel for Respondent :- C.S.C.,Arun Kumar,Avijit Saxena
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Syed Qamar Hasan Rizvi,J.

Heard learned counsel for the petitioner, Shri Sharad Chandra Upadhyay, learned Standing Counsel and Shri Avijit Saxena, learned counsel for respondent no.2.

The present writ petition has been preferred, inter alia, for following relief:

"(a) To issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to release the ex-gratia amount under the govt. order dated 01.06.2021 to the petitioner on account of her husband's death due to Covid-19 infection in Panchayat Election, 2021 forthwith.

(b) To issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to consider and decide the representation of the petitioner for payment of ex-gratia amount in terms of govt. order dated 01.06.2021."

Learned counsel for the petitioner states that earlier the petitioner has preferred the Writ-C No. 2807 of 2023 (Saloni Sachan versus State of U.P. & others), the same was dismissed in non-prosecution vide order dated 01.02.2023. Consequently, the recall/restoration application No. 02 of 2023 was allowed by the Division Bench by the order dated 08.08.2023 and accorded to file a fresh petition. Consequently, the present writ petition is preferred. Learned counsel for the petitioner in support of his submission has placed reliance on the order dated 17.05.2023 passed in Writ- C No. 16692 of 2023 (Saroj Devi versus State of U.P. & others), the same has been disposed of in the light of the judgment passed by the another co-ordinate Bench of this Court in Kusum Lata Yadav versus State of U.P. & others, Supreme Today, 2022 0 Supreme(All) 708. It is submitted that the claim of the petitioner is squarely covered by the judgment and order passed in Saroj Devi's case (supra) and similar indulgence may also be extended in favour of the petitioner.

Per contra, learned Standing Counsel states that in case the matter is relegated to the District Magistrate/District Election Officer (Panchayat), Kanpur Nagar then definitely he will re-examine the matter in the light of order passed in Saroj Devi's case (supra).

Considering the facts and circumstances, without adverting on the merit of the case, with the consent of the parties, the writ petition is disposed of asking the District Magistrate /District Election Officer (Panchayat), Kanpur Nagar to take a final decision in the light of the judgment passed by this Court in the case of Kusumlata (supra) within a period of six weeks from the date of submission of certified copy of this order.

Order Date :- 18.8.2023

Abhishek Gupta