Sudha Devi v. State of U.P. and Others

Court No. - 21 Case :- WRIT - C No. - 48484 of 2010 Petitioner :- Sudha Devi Respondent :- State of U.P. and Others Counsel for Petitioner :- Shiv Kant Mishra,Pankaj Dubey Counsel for Respondent :- C.S.C.,Ramendra Pratap Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1The instant petition has been filed praying for a writ of mandamus directing the respondents to pay additional compensation as ex-gratia payment to the petitioner in lieu of acquisition of her agricultural land and 15% rehabilitation bonus.

¶2The case of the petitioner is that the aforesaid benefits have been denied to her on the ground that she was Gair-Pushtaini Kashtakar. It is urged that the distinction drawn by the Authorities between 'Pustaini Kashtakar' and 'Gair-Pushtaini Kashtakar' has been held to be violative of Article 14 of the Constitution by the Supreme Court in Ramesh Chandra Sharma & others vs. State of U.P. and others, Civil Appeal No. 8819 of 2022, decided on 20 February 2023.

¶3Shri Ramedhra Pratap Singh, learned counsel appearing on behalf of the respondent-Authorities states that the claim of the petitioner will be examined in light of judgement of the Supreme Court.

¶4Accordingly, the writ petition is disposed of with liberty to the petitioner to file fresh representation along with true attested copy of the instant order and copy of the judgement of the Supreme Court in Ramesh Chandra Sharma, (supra) within two weeks from today and in which event, the same will be decided by respondent No. 3 by a speaking order within next eight weeks. Order Date :- 8.11.2023 Mukesh Kr. (Donadi Ramesh,J.) (Manoj Kumar Gupta,J.) High Court of Judicature at Allahabad