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2025 DAILYLAW 160504 (ALL)

RAM KUMAR v. STATE OF U.P. THRU. SECY. REVENUE DEPTT. LKO. AND 5 OTHERS

WRIC/8424/2025 · 2025-09-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8424 of 2025 Court No. - 2 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 petition has been filed by the petitioner with the following main prayer:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.2 to decide the representation dated-30/06/2025 contained as ANNEXURE NO.1 to this writ petition forth with or within a short period of passed time as fixed by this Hon'ble Court." 3. It has been submitted by learned counsel for the petitioner that petitioner's father Late Ram Lal died by drowning in the river. The petitioner moved a representation/application for grant of compensation under the Government Order dated 9.6.2021. The District Magistrate, Shrawasti has not decided such representation till date, as the Revenue Inspector concerned submitted a report to the Tehsildar, Bhinga on 5.2.2025, saying that body of the deceased could not be found. 4. It has been submitted by learned counsel for the petitioner that in a similar matter, the District Magistrate, Raebareli had written to the State Government, asking for a direction with regard to the cases where body of the deceased, who is allegedly drowned, was not found. The Special Secretary, Rajashwa Anubhag-11, Lucknow, had written to the District Magistrate, Raebareli on 7.7.2022, saying that the Government Order dated Versus Counsel for Petitioner(s) : Brijesh Kumar Kuldeep Counsel for Respondent(s) : C.S.C. Ram Kumar .....Petitioner(s) State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 5 Others .....Respondent(s) 9.6.2021 should be followed for ex-gratia payment to the dependants of the deceased and in case the deceased is found to be alive, the compensation can be taken back. A copy of the letter dated 7.7.2022 sent by the Special Secretary, Rajashwa Anubhag-11, Lucknow to the District Magistrate, Raebareli, has been filed as Annexure-7 to the writ petition. 5. Learned Standing Counsel, on the other hand, has pointed out Annexure-6 to the writ petition, which is an information given to the petitioner under the Right to Information Act, saying that the District Magistrate, Shrawasti has also written a letter to the Government on 18.8.2024 and since the matter relates to policy, decision is still in the process of being taken. 6. This petition is disposed of with a direction to respondent no.2-Special Secretary, Revenue Section-11, Civil Secretariat, U.P., Lucknow, to take an appropriate decision within a period of four weeks from the date a certified copy of this order is produced before him and communicate the same to the District Magistrate, Shrawasti, who shall then decide the representation of the petitioner and pass appropriate orders thereon, in accordance with law. September 1, 2025 Sachin WRIC No. 8424 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench