Anil Kumar Sharma And Another vs State Of U.P. And 3 Others
2023 Latest Caselaw 28135 ALL

Citation : 2023 Latest Caselaw 28135 ALL
Judgement Date : 11 October, 2023

Allahabad High Court

Anil Kumar Sharma And Another vs State Of U.P. And 3 Others on 11 October, 2023

Bench: Manoj Kumar Gupta, Donadi Ramesh





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:196136-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 43929 of 2017
 

 
Petitioner :- Anil Kumar Sharma And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kamlesh Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Anjali Upadhya
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Donadi Ramesh,J.

1. Heard Sri Kamlesh Kumar Mishra, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Ramendra Pratap Singh, learned counsel for respondent no. 4.

2. The petitioners have prayed for a direction to the respondents to pay rehabilitation bonus at the rate of 15% to the petitioners.

3. The same was denied to the petitioners as the Authority had taken decision for grant of the said bonus only to Pustaini Kastakars i.e. persons who were the original tenure holders and not to their transferees (Gair Pushtaini Kastakars).

4. Learned counsel for the petitioners submits that the said categorization has been struck down by the Supreme court by judgment dated 22.02.2023 in Ramesh Chandra Sharma & Ors. vs. State of U.P. & Ors. He submits that the Authority may be directed to consider the claim of the petitioners having regard to the judgment of Supreme Court in Ramesh Chandra Sharma & Ors.

5. Sri Ramendra Pratap Singh, learned counsel appearing on behalf of Authority has no objection to the same.

6. Accordingly, the petition is disposed of with liberty to the petitioners to make fresh representation alongwith true attested copy of the instant order before respondent no. 4 within two weeks from today. Respondent no. 4 will decide the claim of the petitioners, having regard to the law laid down by Supreme Court in Ramesh Chandra Sharma (supra) within next twelve weeks by a speaking order and it shall be communicated to the petitioners.

(Donadi Ramesh, J.) (Manoj Kumar Gupta, J.)

Order Date :- 11.10.2023

Ruhi H.