KUSAMA v. STATE OF U.P. THRU. ITS PRIN. SECY. REVENUE DEPTT. LKO. AND 2 OTHERS
/10757/2025 · 2025-11-19
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175671 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175671 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10757 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel appearing on behalf of the parties.
2. Upon perusal of the records, it appears that the claim of the petitioner has been rejected on the ground that a license for driving heavy vehicles was present in the name of the deceased. Secondly, the order has been passed because no farm-land is in the name of the deceased or any of his relatives. However, we find that an affidavit has been filed by one Mahaveer Prasad, wherein he submits that the deceased was working in his fields on a regular basis.
3. The petitioner claims for being a Bataidar cannot be shrugged away simpliciter on the basis of the deceased having a motor vehicle license for driving heavy vehicles. It was the duty of the authorities to consider all the facts and circumstances and only thereafter reject the claim of the petitioner. It is to be noted that no contrary evidence has been brought on record by the authorities to indicate that the deceased was at the relevant time under the employment of somebody driving a heavy vehicle.
4. In light of the same, the impugned order is quashed and set aside with a direction upon the authority concerned to reconsider the claim of the petitioner and pass a reasoned order within a period of 12 weeks from date after granting an opportunity of hearing to the petitioner in Versus Counsel for Petitioner(s) : Dinesh Kumar, Neeraj Pal, Santosh Kumar Counsel for Respondent(s) : C.S.C. Kusama .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Revenue Deptt. Lko. And 2 Others .....Respondent(s)
accordance with law.
5. With the above directions, the writ petition is disposed of. November 19, 2025 Ashutosh WRIC No. 10757 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench