Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27021 of 2023 Court No. - 2 HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Heard Sri Akash Kushwaha, learned counsel for the petitioner, learned Standing Counsel and Sri Tarun Agrawal, learned counsel for the respondents.
2. This writ petition has been filed for the following reliefs :-
"(a) Issue a writ or order in the nature of Certiorari for quashing the order dated 21.07.2023 (Annexure No.1) passed by respondent no.3-District Magistrate District Bareilly by which the petitioner's claim for ex-gratia amount on account of death of her husband has been refused to pay. (b) Issue, a writ, order or direction in nature of mandamus commanding and directing the respondents to release ex-gratia amount to the petitioner on account of her husband's death due to Covid-19 infection in Panchyat Election 2021 forthwtih."
3. Learned counsel appearing on behalf of the petitioner has relied on a judgement of coordinate Bench of this Court in matter of Kusum Lata Yadav Vs. State of U.P. And 4 Others (Writ C Nos.28249 of 2021, 3276, 1485, 9460, 1600, 1594 of 2022, decided on July 25, 2022) reported in 2022 (9) ADJ 176 and submitted that the authorities should have considered her case in light of the said judgement.
4. Learned counsel appearing on behalf of the respondents does not Versus Counsel for Petitioner(s) : Kamal Kumar Kesherwani Counsel for Respondent(s) : Jagdamba Prasad Singh, Tarun Agrawal Saroj Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
oppose the said prayer of the learned counsel appearing on behalf of the petitioner and submits that the respondent authority may be directed to decide the matter in terms of order passed in Kusum Lata Yadav (Supra).
5. Accordingly, the impugned order dated 21.07.2023 is quashed and set aside with a direction upon the respondent No.3 to once again decide the matter keeping in mind the order passed in Kusum Lata Yadav (Supra).
6. With the above direction, the writ petition is disposed of. October 29, 2025 saqlain WRIC No. 27021 of 2023 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad