Kiran v. State of U.P. through Secretary STATE TAX, Department Civil Secretariat, Lucknow and another
WRIC/8179/2025 · 2025-08-26
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160749 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160749 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8179 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 appearing for the State-respondents and perused the record. 2. This writ petition has been filed by petitioner with following main prayer :
"(i). issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no. 2 to decide the accidental claim letter no.1531 dated 20.12.2024 contained as annexure 1 to the writ petition. "
3. It has been submitted by learned counsel for the petitioner that the petitioner had filed an accident claim relating to his son before the respondent no.2 which is still pending. The son of the petitioner Monu was engaged in the business of utensils and had a shop in the name of Khatu Shyam Bartan Bhandar located in Sadar Market, Gauganj, Hardoi. He suffered an accidental death on
13.11.2022. A succession certificate was issued by the court concerned which was submitted to the respondent no. 2. Other legal heirs have have also filed their 'No Objection Certificate' before the Court. Despite having the petitioner as legal heir of his son, the respondents are not paying the compensation to her. 4. Learned counsel appearing for the State respondents has Versus Counsel for Petitioner(s) : Devendra Pratap, Saad Husain, Shashank Shekhar Singh Counsel for Respondent(s) : C.S.C. Kiran .....Petitioner(s) State Of U.P. Through Secretary State Tax, Department Civil Secretariat, Lucknow And Another .....Respondent(s)
pointed out Annexure no.1 to the petition which is a letter sent by the Assistant Commissioner, Trade Tax, Khand-3, Hardoi to the Joint Commissioner, (Executive) Trade Tax, Sambhag A, Lucknow wherein it has been mentioned that after the order of Civil Judge, (Senior Division), Hardoi dated 05.12.2024, succession certificate was submitted by Smt. Kiran Devi in the office. However, the Pariwar Register, copy of which has been submitted along with the application of the petitioner states the different date of birth of her son late Monu. A letter was issued to her on 17.12.2024 informing her of such discrepancy. 5.
This Court is of the considered opinion that only because of discrepancy in the Parivar Register with regard to the date of birth of the late son of the petitioner, the decree passed by the Civil Judge, (Senior Division), Hardoi cannot be defeated. The petitioner is declared as a legal heir of her son, she should be given compensation under the scheme framed by the State Government and necessary orders be passed by the Joint Commissioner/competent authority, in this regard, within a period of four weeks from the date of production of certified copy of this order. 6. The writ petition is disposed of. August 26, 2025 Pks WRIC No. 8179 of 2025 2 Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench