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2025 DAILYLAW 5673 (RAJ)

SMT. MAYA DEVI WIDOW OF LATE SHRI JAGDISH PRASAD SWAMI v. STATE OF RAJASTHAN

CW/1814/2021 · 2025-02-18

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:7124] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1814/2021 Smt. Maya Devi Widow of Late Shri Jagdish Prasad Swami, Aged About 47 Years, R/o Village and Post Dabla (Mohalla Bass Ka ) Neemkathana, District Sikar (Rajasthan) ----Petitioner Versus 1. State of Rajasthan, through Director, State Insurance and Provident Fund Department, Rajasthan, Jaipur. 2. Deputy Director, State Insurance and Provident Fund Department, Sikar. 3. Block Development Officer, Panchayat Samiti Fatehpur, District Sikar. ----Respondents For Petitioner(s) : Mr. Avinash Arya For Respondent(s) : Mr. Dheeraj Tripathi, AGC JUSTICE ANOOP KUMAR DHAND Order 18/02/2025 1. By way of filing of instant writ petition, a prayer has been made for issuing directions to the respondents to release the State Insurance amount to the petitioner, which became due after death of the husband of the petitioner. 2. The contents of the petition indicate that the petitioner died on 31.07.2010 and inspite of passing of a considerable time, the due amount of State Insurance was not paid to the petitioner, hence, under these compelling circumstances, she has approached this Court by way of filing of the instant writ petition, with the aforesaid prayer. [2025:RJ-JP:7124] (2 of 2) [CW-1814/2021] 3. Learned counsel for the respondent-State apprised this Court that due amount of State Insurance i.e. Rs.1,48,584/- has already been paid to the petitioner vide order dated 24.01.2024, hence, under the changed circumstances, no further cause of action survives with the petitioner to pursue this petition. Therefore, under the changed circumstances, this writ petition has become infructuous. 4. Considering the above factual aspect of the matter that amount of State Insurance has already been paid to the petitioner by the respondents vide order dated 24.01.2024, the instant petition stands disposed of, as having become infructuous. 5. However, it is observed by this Court that without any justified reason, the due amount of the petitioner towards State Insurance was withheld by the respondents for a considerable time, therefore, he is entitled to get the interest on the aforesaid amount at the rate of 9% per annum and accordingly, a direction is issued to the respondents to pay interest to the petitioner on the delayed payment of amount within a period of three months from the date of receipt of certified copy of this order. 6. All pending application(s), if any, also stand disposed. (ANOOP KUMAR DHAND),J GARIMA /185