Writ petitioner sought mandamus directing the Sub Divisional Magistrate to decide her allotment application under a 2006 order. The court dismissed the petition, holding no vacancy existed as a prior vacancy had been filled under Dying-in-service Rules.
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Court No. - 19
Case :- WRIT - C No. - 14972 of 2021
Petitioner :- Kampu Devi @ Sima Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner, Sri Chandra Prakash Gupta, learned Standing Counsel for the State and perused the record.
This writ petition has been filed with a following reliefs:
( i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 i.e. Sub Divisional magistrate, Gehsil Kerakat, District Jaunpur to decide the application dated 20.04.2021 of the petitioner in pursuance of his own earlier order dated 5.7.2006 within stipulated period which this Hon'ble Court may deem fit and proper to the circumstances of the case.
(ii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstance of the case.
(iii) Award cost of this writ petition to the petitioner."
It is submitted by learned counsel for the petitioner that in pursuance of the order dated 05.07.2006 the allotment should be made in favour of the petitioner.
Per contra, learned Standing Counsel informs that there is only one vacancy which was occurred due to death of allottee Chunni Lal has already been filled under the Dying-in-harness Rules and the said shop has been allotted to his son namely Mahesh Kumar Gupta, petitioner no. 4. At present there is no vacancy in the said village.
Considering the same, this writ petition is dismissed.
Order Date :- 4.10.2021 RPD
1 issue framed by the court
Whether the Sub Divisional Magistrate is required to decide the petitioner's allotment application within a stipulated period.
1 provisions across 1 enactments
Kambu Devi @ Sima Rai
State Of U.P.
Sub Divisional Magistrate, Gehsil Kerakat
District Jaunpur
Mahesh Kumar Gupta
Gautam Chowdhary
As recorded by the court registry
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