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2025 DAILYLAW 9950 (ALL)

KHUSHI RAJBHAR v. STATE OF U.P. AND 6 OTHERS

WRIA/794/2025 · 2025-03-10

Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35878 Court No. - 3 Case :- WRIT - A No. - 794 of 2025 Petitioner :- Khushi Rajbhar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Harish Kumar Tripathi,Pankaj Kumar Ojha Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J. 1. This petition has been filed seeking the following relief: "a. Issue a writ, order or direction, in the nature of Certiorari quashing the impugned ex-party enquiry report dated 02.11.2023 passed by Assistant District Panchayatraj Officer District Deoria as well as impugned appointment order dated 21.12.2023 passed by District Panchayatraj Officer District. b. Issue a writ, order or direction, in the nature of MANDAMUS directing the respondent authorities to consider the compassionate appointment of the petitioner under dying in harness rules, 1974 in place of her father who was working on the post of Safaikarmi in Block Baitalpur, District Deoria, otherwise it will be irreparable loss and injury to the petitioner." 2. It is stated by learned counsel for the petitioner that the petitioner is the actual daughter of the deceased and the respondent no. 6 is an imposter and has been illegally appointed on compassionate ground against the vacancy created due to the untimely death of her father on the basis of a fictitious enquiry report. 3. The aforesaid allegations of the petitioner reflect disputed questions of fact that would require detailed evidence to be recorded by the appropriate court before issuing suitable decree under the common law. 4. In view of the aforesaid, this Court declines to exercise writ jurisdiction and this petition is dismissed. Order Date :- 11.3.2025 A. V. Singh (Jayant Banerji, J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad