WPMS/764/2021
2021 Latest Caselaw 1236 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 26TH DAY OF MARCH, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 764 of 2021

BETWEEN:

Bhawaan Sonaal.                              ....Petitioner
     (By Mr. M.S. Pal, Senior Advocate, assisted by Mr. K.V.
     Shah, Advocate)

AND:
State of Uttarakhand & others.           ......Respondents
     (By Mr. V.D. Bisen, Brief Holder for the State of
     Uttarakhand)


                       JUDGMENT

According to the petitioner, in the year 2013, he was running hosiery business at Gaurikund, District Rudraprayag, which was washed away due to flashflood. According to him, similarly situate persons, who suffered loss of property during natural calamity, have been compensated in terms of Government Policy; but, no compensation has been paid to the petitioner.

2. By means of this writ petition, petitioner has sought following reliefs:

"i) Issue a writ, order or direction in nature of mandamus directing the respondents to pay compensation of Rs. 16 lakhs alongwith Rs. 2 lakhs as mentioned in beneficiary list. (Contained as Annexure No. 6 to this petition).

ii) Issue suitable writ, order or directions in nature of mandamus directing the Respondents to give effect and operation of letter dated 13.10.2015 (Contained as Annexure No. 6 to this petition).

3. Having regard to the facts & circumstances of the case, the writ petition is disposed of with liberty to petitioner to make representation to District Magistrate, Rudraprayag, within three weeks from today. If such representation is made within stipulated period, District Magistrate shall examine petitioner's claim for compensation and pass appropriate order, in accordance with Government Policy, within a period of six weeks' from the date of receipt of representation alongwith certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan