HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 3530 of 2022 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The instant writ petition has been filed challenging the order dated 18.08.2018 passed by the District Magistrate, Ballia, whereby the claim of the petitioner under the Uttar Pradesh Fighters of Democracy Honour Act, 2016 has been rejected on the ground that he is not eligible under the Act of 2016 to claim the benefit therein. 3. The petitioner had filed an application dated 18.10.2012 claiming the benefit of the Act of 2016, wherein he disclosed that he was sent to jail under Sections 36/43 Maintenance of Internal Security Act/Defence of India Rules 1961 as well as Section 188 of the Indian Penal Code in Case Crime No. 264 of 1975, along with seven other persons, in which charge sheet was submitted on 18.12.1976. The District Magistrate, Ballia, rejected the claim of the petitioner vide order dated 18.01.2018 on the ground that there was no evidence regarding the detention of the petitioner in the aforesaid case between 25.06.1975 to 21.03.1977. 4. The petitioner has, however, placed before this Court an order passed in April 2019 by the District Magistrate, Mau, wherein five persons named in the same case along with the petitioner were granted the benefit on the same set of evidence, i.e., Ghoshwara, which is annexed with the writ petition at page No. 55, furnished to the petitioner under the Right to Information Act, 2005 (Annexure No. 5 to the writ petition) . The District Versus Counsel for Petitioner(s) : Sanjeev Kumar Rai Counsel for Respondent(s) : C.S.C. Dilip Kumar Singh .....Petitioner(s) State of U.P. and Another .....Respondent(s) Magistrate, Ballia, while passing the order dated 18.08.2018, failed to appreciate the aforesaid document, on the basis of which other similarly placed persons were given the benefit of the scheme under the Act of 2016. 5. The order dated 18.08.2018 of the District Magistrate, Ballia, thus, suffers from lack of application of mind to the extent that he ignored the benefit granted to other persons on same set of evidence who were detained and sent to jail in Case Crime No. 264 of 1975, under Sections 36/43 D.I.R. as well as Section 188 IPC, in respect of the incident dated 20.11.1975, in which charge sheet was submitted on 18.12.1976 against eight persons including the petitioner, who is at serial No. 8 in the list of accused. Out of these eight persons, five have already been granted the benefit under the provisions of the Act of 2016. 6. In view of the above, the District Magistrate, Ballia, is directed to revisit the case of the petitioner for grant of benefit under the Act of 2016, keeping into consideration that other similarly situated persons, namely, Shri Vijay Shankar Singh, Shri Awadh Bhushan Singh, Shri Sudhakar, Shri Dhoopch, and Shri Vijay Singh, have already been granted the benefit under the Uttar Pradesh Fighters of Democracy Honour Act, 2016 based on the same set of evidence. The order dated 18.08.2018 passed by the District Magistrate, Ballia, rejecting the claim of the petitioner shall abide by the fresh decision so taken by him within two months from the date of production of a certified copy of this order. 7. The writ petition stands disposed of. September 12, 2025 Sumaira/Abhishek WRIC No. 3530 of 2022 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad