Preeti Mishra Vs District Magistrate , Hardoi U.P. and Others — Allahabad HC (2024) — LawSathi Research

Preeti Mishra Vs District Magistrate , Hardoi U.P. and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.1 - District Magistrate, Hardoi to decide the petitioner's application in accordance with law by a reasoned and speaking order within three months from the date a certified copy of the order is placed before him; if the application has already been decided, to communicate the decision to the petitioner within two weeks.

Issue for consideration

Whether respondent no.1 - District Magistrate, Hardoi ought to be directed to consider and decide the petitioner's claim form dated 29.11.2022 under the 'Krishak Durghatna Kalyan Yojana' (in terms of the government order dated 28.02.2020) and her reminder application dated 28.11.2023, by passing a reasoned order within a stipulated time.

Court's answer

The Court directed respondent no.1 - District Magistrate, Hardoi to decide the petitioner's application in accordance with law by a reasoned and speaking order.

Ratio / Principle

The decision is to be rendered within a period of three months from the date a certified copy of the order is placed before the District Magistrate.

Key takeaways

If the application has already been decided, the decision shall be communicated to the petitioner within a period of two weeks.ratio¶13

Detailed headnote1 paragraphs

WRIT - C No. 141 of 2024 (Neutral Citation 2024:AHC-LKO:3062-DB), High Court of Judicature at Allahabad, Lucknow Bench (Vivek Chaudhary and Om Prakash Shukla, JJ.), order dated 11.1.2024 - Preeti Mishra v. District Magistrate, Hardoi U.P. and others. Petitioner sought mandamus commanding opposite party no.1 to decide her claim form dated 29.11.2022 under the 'Krishak Durghatna Kalyan Yojana' in terms of the government order dated 28.02.2020, and her reminder application dated 28.11.2023; the application was stated to be pending before respondent no.1 and State counsel raised no objection. Held: District Magistrate, Hardoi directed to decide the application in accordance with law by a reasoned and speaking order within three months of a certified copy of the order being placed before him; if already decided, to communicate the decision within two weeks. Petition disposed of.

Neutral Citation No. - 2024:AHC-LKO:3062-DB

Court No. - 2

Case :- WRIT - C No. - 141 of 2024

Petitioner :- Preeti Mishra Respondent :- District Magistrate , Hardoi U.P. And Others Counsel for Petitioner :- Naresh Singh Counsel for Respondent :- C.S.C.

Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

Heard learned Counsel for the petitioner and learned Standing Counsel for the State-respondents.

Petitioner has approached this Court with the following main prayers :-

"(a) a writ, order or direction in the nature of mandamus commanding the opposite party no.1 to consider and take appropriate decision by passing a reasoned order on the claim form dated 29.11.2022 of the petitioner contained as Annexue No.1 under the "Krishak Durghatna Kalyan Yojana' according to the government order dated 28.02.2020 within a stipulated time period, treating it within time, in the interest of justice.

(b) a writ, order or direction in the nature of mandamus commanding the opposite party no.1, to consider and take a decision on reminder application dated 28.11.2023 regarding the claim of the petitioner on merit as contained as Annexure no.9 to this writ petition in the interest of justice."

Learned Counsel for the petitioner submits that the application of the petitioner is already pending consideration before the respondent no.1- District Magistrate, District Hardoi.

Learned Standing Counsel for the State-respondents have no objection to the same.

In view thereof, the respondent no.1. - District Magistrate, Hardoi is directed to decide the application of the petitioner in accordance with law by a reasoned and speaking order within a

period of three months from the date a certified copy of this order is placed before him. In case the application made by the petitioner is already decided, the same shall be communicated to the petitioner within a period of two weeks from today.

With the aforesaid direction, the present petition is disposed of .

(Om Prakash Shukla, J.) (Vivek Chaudhary, J.)

Order Date :- 11.1.2024 Anand Sri./-

Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench