AVANI PANDEY v. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS
WRIC/10206/2024 · 2025-01-15
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169173 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169173 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2495-DB Court No. - 2 Case :- WRIT - C No. - 10206 of 2024 Petitioner :- Avani Pandey Respondent :- Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,Syed Mohammad Haider Rizv Hon'ble Rajan Roy, J. Hon'ble Brij Raj Singh, J.
1. Heard learned counsel for the parties.
2. The petitioner a great grand daughter of a freedom fighter as claimed has filed this writ petition seeking a writ, order of direction in the nature of Mandamus directing opposite party no.1 i.e. the Principal Secretary (Home), Government of Uttar Pradesh, Lucknow to review/amend the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993.
3. The writ petition has been filed without impleading the State of Uttar Pradesh as a party. Only the officials have been impleaded. This is not the correct way of filing a writ petition. The Reporting Section has also not raised any objection in this regard. Surprisingly so, the In-charge of the Reporting Section should look into this aspect.
4. Be that as it may, even if this aspect is ignored for a moment, considering the relief prayed for when we confronted Sri Ram Anugrah Singh, counsel for the petitioner, he submitted that petitioner seeks the aforesaid relief as the existing definition of
"dependents of freedom fighter" does not include a great grand daughter but confines the benefit only upto the third generation i.e. grand daughter. It is hardly a matter where such a direction could
be issued by this Court, nevertheless without recording a conclusive opinion on the merits of the issues, we leave it open for the petitioner to pursue the matter with the State Government if there is a cause and locus standi specially as the vires of the said provision is not under challenge and the relief is for a Writ of Mandamus which cannot be issued unless there is any enforceable existing right whether in the form of fundamental or legal right.
5. Writ petition is disposed of accordingly. . (Brij Raj Singh, J.) (Rajan Roy, J.) Order Date :- 15.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench