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2025 DAILYLAW 155496 (ALL)

PAPPU v. RAHAT AYUKTA GOVT. OF U.P. LKO. AND 3 OTHERS

/7447/2025 · 2025-08-04

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45074-DB Court No. - 2 Case :- WRIT - C No. - 7447 of 2025 Petitioner :- Pappu Respondent :- Rahat Ayukta Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Rakesh Kumar Yadav,Hema Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "i. To issue writ, order or direction in nature of Mandamus to directing the opposite party no.-4 Tahsildar, Tehsil- Kunda, District-Pratapgarh to release the sanctioned amount of Rs. 4,00,000/-by Government under the Scheme of State Disaster Relief Fund which was specifically allocated for disbursement to the petitioner since pending from 16.09.2023 to till date, forthwith along with @18% p.a interest to the petitioner, in the interest of Justice. ii. To issue writ, order or direction in nature of Mandamus to directing the opposite party no.-3 Sub-Divisional Magistrate Tehsil-Kunda, District- Pratapgarh consider petitioner is a legal heir of the deceased on the basis of Lekhpal report dated 08.10.2023, in the interest of justice." 3. It has been submitted by learned counsel for the petitioner that the petitioner is one of the brothers of one Pedai S/o Ram Ashrey, who died on 08.08.2023 due to drowning in the river. The Police proceedings with regard to inquest and postmortem showed the death of the deceased, namely, Pedai due to drowning. The petitioner gave an application to the Sub-Divisional Magistrate, Pratapgarh to provide benefit of compensation as per Government Order dated 09.06.2021 under the scheme of State Disaster Relief Fund. In the meanwhile, first complaint was made before the Revenue Inspector by a person, namely, Badku @ Anmol. On the basis of such complaint the Revenue Inspector has given a report on 15.09.2023 before the Sub-Divisional Magistrate, Kunda and the respondents have withheld the sanctioned amount of Rs.4,00,000/-. The Area Lekhpal of Chaurahi, Tehsil- Kunda, District-Pratapgarh has also conducted an on the spot inquiry and submitted its report on 08.10.2023 before the Sub-Divisional Magistrate, Kunda, however, no decision has been taken by the Sub-Divisional Magistrate, Kunda on such report. Hence this writ petition has been filed. 4. Accordingly, this writ petition is disposed of without entering into the merits of the controversy with a direction to the Sub-Divisional Magistrate, Kunda to give opportunity of hearing to Badku @ Anmol and then decide the claim of the petitioner in accordance with law within a period of eight weeks from the date a certified copy of this order is produced before him. Order Date :- 4.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench