Disposed

Shiv Shankar and Another v. State of U.P. and 3 Others

Allahabad HC2 Jan 2020WRIC/41980/2019

Case brief

AI extract

What is this about?

The court disposed of the writ petition by directing the District Magistrate/Collector to consider the petitioners' application regarding their rejected insurance claim and pass an order within three months without examining the merits.

What did the court decide?

Direction to District Magistrate/Collector to consider the pending application and pass an order within three months.

Shiv Shankar and Another Vs State of U.P. and 3 Others — Allahabad HC (2020) — LawSathi Research

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Court No. - 1 Case :- WRIT - C No. - 41980 of 2019 Petitioner :- Shiv Shankar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajendra Kumar Counsel for Respondent :- C.S.C. Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

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Heard Sri Ajendra Kumar, learned counsel for the petitioners and Dr. D.K.Tiwari, learned Additional Chief Standing Counsel appearing for the State and perused the record.

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By means of the present petition, the petitioners have questioned the order dated 5.1.2019 passed by respondent no.4, whereby the Insurance Company rejected the claim of the petitioners on the ground that the petitioners being not the dependent upon the deceased Smt. Lajjawati, hence, are not entitled for the claim.

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Learned counsel for the petitioners submits that the petitioners have already approached the District Magistrate concerned regarding their grievance by moving an application dated 13.8.2019, copy whereof is appended as Annexure No.5 to the writ petition, but the same is not being decided. He states that the District Magistrate can look into the matter and decide the same as the Insurance Company has refused to grant compensation under the relevant scheme of State Government.

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Learned Standing Counsel representing the State respondent submits that he has no objection if direction is issued to the District Magistrate to consider the application/representation of the petitioner dated 13.8.2019 strictly in accordance with law.

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In such view of the matter without entering into merits of the case and without observing anything regarding genuineness of the claim set-up by the petitioner, we dispose of the writ petition with the direction to the District Magistrate/Collector concerned to look into the grievance of the petitioners as has been raised in the application/representation dated 13.8.2019 (Annexure No.5 to the writ petition) and pass appropriate order strictly in accordance with law as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of the order.

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Consigned to records.

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(Ajit Kumar,J.) (Ramesh Sinha, J.)

Shiv Shankar and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shiv Shankar and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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