The Court dismissed the writ petition as the relief of compensation for house collapse could not be granted in writ jurisdiction under Article 226, without expressing an opinion on merits.
None
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Neutral Citation No. - 2023:AHC:110099-DB
Court No. - 3
Case :- WRIT - C No. - 17089 of 2023
Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shyam Sunder Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.
1. Case called out.
2. None appears for the petitioner to press the writ petition.
3. Sri Ankit Tandon, learned Standing Counsel for the State-respondents, is present.
4. This writ petition has been filed praying for the following relief:
"a. Issue a writ, order direction in the nature of certiorari quashing the impugned order dated 26.08.2021 issued by the respondent No. 5 addressed to respondent No. 1 whereby denied the compensation to the petitioner on the ground that the matter of the petitioner does no come under the natural calamities (Annexure No. 13 to this writ petition)
b. Issue a writ, order or direction in the nature of mandamus directing the respondents specially the respondent No. 1 to immediately make the payment of compensation to the petitioner regarding collapse of his house due to blast in adjacent toy-cracker Factory situated at mohalla Khatikan, Delhi Date, Aligarh on 13.10.2020 in which the mother and sister of the petitioner (Smt. Kanti Devi and Monika) sustained grievous fractured injuries so that the justice may be done otherwise the petitioner shall suffer irreparable loss and injury "
5. The relief sought by the petitioner in the present writ petition is for compensation which on facts of the present case cannot be granted in a writ jurisdiction under Article 226 of the Constitution of India.
6. In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, the writ petition is dismissed leaving it open for the petitioner to avail such remedy as may available to him under law.
Order Date :- 19.5.2023 Shubham Arya
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether compensation regarding house collapse can be granted in writ jurisdiction under Article 226 of the Constitution of India.
Vinod Kumar
State Of U.P.
Surya Prakash Kesarwani
Anish Kumar Gupta
As recorded by the court registry
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