The petitioners claim dependents compensation for a murder victim under G.O. dated 17.10.1995. The court dismissed the writ petition finding the claim not genuine and noting the petitioner has independent property and family.
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Court No. - 35 Case :- WRIT - C No. - 48806 of 2017 Petitioner :- Smt. Phoolwati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Bharati Sapru,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the parties.
Counter and rejoinder affidavit have been exchanged in this matter.
The petitioner claims compensation under a G.O. dated 17.10.1995 as the dependent of one Smt. Premwati who died in murder .
However the petitioner does not disclose as to how she is the sole dependent in this matter and most of all in view of the contents of para 4 and 7 of the counter affidavit, it appears that the petitioner was not a dependant to Premwati and has her own property and has her own family. The claim of the petitioner does not appear to be a genuine one.
Moreover it has also been stated in para 7 of the counter affidavit that the petitioner claims benefit of a G.O. dated 14.5.2012 whereas the date of murder was 30.3.2012. The G.O. under which the petitioner claims does not have retrospective effect. We are not satisfied with the plea as raised by the petitioner in this matter.
The writ petition has no merit and is dismissed. No costs.
Order Date :- 13.11.2018 rk
Smt. Phoolwati
State Of U.P.
Bharati Sapru
Jayant Banerji
As recorded by the court registry
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