The petitioners sought benefits as a former political prisoner. The Court disposed of the matter by directing the respondent to inquire and decide expeditiously, explicitly stating no opinion was formed on the merits.
Directed the respondent to consider the petitioner's grievance and take appropriate action after due inquiry.
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Court No. - 3
Case :- WRIT - C No. - 7149 of 2021
Petitioner :- Dharambeer Singh Tyagi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhupendra Nath Singh,Pramendra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State/respondents.
This writ petition has been filed, praying for the following relief:-
(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to treat the petitioner Loktantra Senani under Uttar Pradesh Loktntra Samnan Adhiniyam, 2016 and gave all benefits including Samman Rashi to the petitioner from the date of moving the application on prescribed form to the respondents and/or it became payable with all other benefits.
Learned counsel for the petitioner submits that petitioner was political prisoner and remained in prison from 20.12.1975 to 04.03.1976 in District Jail, Saharanpur.
Learned Standing Counsel submits that matter of the petitioner shall be examined by the competent authority i.e. District Magistrate, Saharanpur, and after due inquiry, appropriate action shall be taken.
In view of the aforesaid, writ petition is finally disposed of , directing the respondent no.2 to consider the grievance of the petitioner and take appropriate action/decision, strictly in accordance with law, after due inquiry, expeditiously, preferably within three months from the date of submission of a copy of this order along with an application.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner.
Order Date :- 29.6.2021 T.S.
2 issues framed by the court
Whether the Court should issue a direction for the respondent to consider the petitioner's grievance regarding Samman Rashi benefits.
Whether the Court has expressed an opinion on the merits of the petitioner's claimed entitlement as a former political prisoner.
Dharambeer Singh Tyagi
State Of U.P.
Respondent No.2
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
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