Ku.Rita Pathak vs The State Of Madhya Pradesh
2023 Latest Caselaw 986 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                               ON THE 17 th OF JANUARY, 2023
                                             WRIT PETITION No. 29070 of 2021

                          BETWEEN:-
                          KU.RITA PATHAK D/O LATE PT.KUNJ BIHARI PATHAK,
                          AGED ABOUT 60 YEARS, 278, MADHAV KUNJ SNEH
                          NAGAR, PT.KUNJBIHARI PATHAK ROAD, KAMLA
                          NEHRU NAGAR JABALPUR (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (BY SHRI MANISH TIWARI - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY GENERAL ADMIN.DEPTT.
                                VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                          2.    C O L L E C T O R J A B A L P U R DISTT.   JABALPUR
                                (MADHYA PRADESH)

                          3.    SUB    DIVISIONAL OFFICER     REVENUE
                                DEPARTMENT ADHARTAL JABALPUR (MADHYA
                                PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI SUBODH KATHAR - GOVT. ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

Learned counsel for petitioner contends that the prayer made by the petitioner for extension of benefit of Samman Nidhi was turned down by the respondents by passing the impugned order dated 23-7-2021 on the ground that as the petitioner is the daughter of the deceased - freedom fighter, she is not

Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 1/19/2023 2:22:07 PM

entitled for the benefit.

2. It is contended by the learned counsel for petitioner that an identical issue came up for hearing before the High Court of Chhattisgarh in W.P. No.4888/2005 (Ku. Dhaneshwari Thakur vs. State of Chhattisgarh and others) and the High Court of Chhattisgarh vide order dated 17-03-2017 allowed the petition while holding that the dependent, an unmarried daughter of the freedom fighter is also entitled for Samman Nidhi until her marriage. Therefore, in the light of the decision of the High Court of Chhattisgarh in the above referred decision, case of the petitioner is required to be considered.

3. Learned counsel for State submits that so far as the impugned

order is concerned, the same has been passed solely on the ground that since the petitioner is the daughter of the deceased - freedom fighter, therefore, she has not been found entitled for the benefit of Samman Nidhi. However, Shri Kathar submits that the grievance of the petitioner shall be considered by the authority concerned, in the light of the order passed by the High Court of Chhattisgarh in Ku. Dhaneshwari Thakur (supra).

4. In view of the aforesaid, the present petition stands disposed of with a direction to the respondent No.1 to take a decision on petitioner's application for extension of benefit of Samman Nidhi, within a period of 90 days from the date of production of certified copy of this order in the light of the judgment passed in Ku. Dhaneshwari Thakur (supra) by passing a well- reasoned and speaking order in accordance with law.

5. It is clarified that the respondent No.1 shall take decision without being influenced by the earlier order of rejection, dated 23-7-2021.

6. Accordingly, the writ petition stands disposed of.

Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 1/19/2023 2:22:07 PM

(MANINDER S. BHATTI) JUDGE ac

Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 1/19/2023 2:22:07 PM