Raghvendra Prakash Srivastava Vs State of U.P. and 3 Others

Court No. - 37

Case :- WRIT - C No. - 42229 of 2019

Petitioner :- Raghvendra Prakash Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Govind Krishna,A Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.

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Heard Shri Govind Krishna along with Shri A. Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

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The petitioner claims that he was lodged in jail under the Maintenance of Internal Security Act, 1971 during the emergency period, i.e. from 25.6.1975 to 21.3.1977. By means of this writ petition the petitioner is claiming benefit of Uttar Pradesh Fighters of Democracy Honour Act, 2016 (in short "the Act") for which the petitioner has already moved an application before the District Magistrate, Allahabad (Prayagraj), copy of the letter dated 30.5.2019 has been filed as Annexure 6 to the writ petition.

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It is submitted that the District Magistrate is sitting over the matter and has not passed any order on the representation of the petitioner either by issuing a certificate or extending the benefits under the Act.

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The writ petition is disposed of with the direction to the District Magistrate, Allahabad (Prayagraj) to verify the antecedents of the petitioner and in case it is found that he was actually detained during the emergency period under the Maintenance of Internal Security Act, 1971, his claim be considered and appropriate orders be passed without any further delay as the petitioner claims himself to be 80 years of age. The District Magistrate will pass appropriate order, as far as possible, within three months from the date a certified copy of this order is presented before it.

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Order Date :- 2.1.2020 Sunil Kr. Gupta

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(Ravi Nath Tilhari, J.) (Abhinava Upadhya, J.)

Raghvendra Prakash Srivastava v. State of U.P. and 3 Others

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Raghvendra Prakash Srivastava v. State of U.P. and 3 Others

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