Shaukat Ali v. State of U.P. and 3 Others

Court No. - 40 Case :- WRIT - C No. - 37090 of 2023 Petitioner :- Shaukat Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- CSC,Shashi Prakash Singh,Ten Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ms. Nand Prabha Shukla,J.

¶1Heard learned counsel for the petitioner, Sri Santosh Kumar Singh, learned Standing Counsel for the State respondents, Sri Ten Singh, learned counsel for State Election Commission, Uttar Pradesh and Sri Shashi Prakash Singh, learned counsel for District Basic Education Officer, Azamgarh.

¶2This writ petition has been filed praying for the following relief:- "(a) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to release the ex-gratia amount under the Government Order dated 01.06.2021 to petitioner on account of her wife's death due to Covid-19 infection in Panchayat Election 2021 forthwith.

(b) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to consider and decide the representation of the petitioner for payment of ex-gratia amount in terms of Government Order dated 01.06.2021 within stipulated period."

¶3Learned counsel for the petitioner in support of his submission has placed reliance on the order dated 17.05.2023 passed in Writ-C No. 16692 of 2023 (Saroj Devi versus State of U.P. & others). The same has been disposed of in the light of the judgment passed by the another co-ordinate Bench of this Court in Kusum Lata Yadav versus State of U.P. & others, Supreme Today, 2022 0 Supreme(All) 708. It is submitted that the claim of the petitioner is squarely covered by the judgment and order passed in Saroj Devi's case (supra) and similar indulgence may also be extended in favour of the petitioner.

¶4Per contra, learned Standing Counsel states that in case the matter is relegated to the District Magistrate/District Election Officer (Panchayat), Azamgarh then definitely he will re-examine the matter in the light of order passed in Saroj Devi's case (supra).

¶5Considering the facts and circumstances, without adverting on the merit of the case, with the consent of the parties, the writ petition is disposed of asking the District Magistrate /District Election Officer (Panchayat), Azamgarh to take a final decision in the light of the judgment passed by this Court in the case of Kusumlata (supra) within a period of six weeks from the date of submission of certified copy of this order. Order Date :- 28.10.2023 Shivani High Court of Judicature at Allahabad