WPMS/3261/2017
2021 Latest Caselaw 1851 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
        ON THE 11TH DAY OF JUNE, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 3261 of 2017

BETWEEN:

Ram Gopal.                                   ...Petitioner
     (By Mr. Kishore Kumar, Advocate)

AND:
District Magistrate
Udham Singh Nagar.                          ...Respondent
     (By Mr. T.S. Phartiyal and Mr. G.S. Negi, Additional
     C.S.C. for the State of Uttarakhand)


                      JUDGMENT

By means of this writ petition, petitioner is challenging the order dated 13.06.2014 passed by District Magistrate, Udham Singh Nagar. By the said order, petitioner's representation, claiming benefits available to Rajya Andolankari, has been rejected on the ground that no evidence as per Government Order was produced by the petitioner to show that he had participated in Rajya Andolan.

2. Learned counsel for the petitioner has referred to one Government Order dated 22.10.2008, in which L.I.U. report is one of the criteria for identification of the person as Rajya Andolankari. Learned counsel for the petitioner has also referred to Annexure No. 3 to the writ petition, which is a communication by Deputy Collector, Kichha. At item

no. 125 of the said communication, against the name of the petitioner, there is a reference to the report of L.I.U. submitted on 24.01.2009. This aspect, however, has been overlooked by the District Magistrate while passing the impugned order.

3. In such view of the matter, the impugned order dated 13.06.2014 is liable to be quashed and the same is hereby quashed. The writ petition stands allowed and the District Magistrate, Udham Singh Nagar is directed to re-examine the matter and pass fresh order in respect of petitioner, in accordance with law, as early as possible; but, not later than six months from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan