Court No. - 5
Case :- WRIT - C No. - 35794 of 2018 Petitioner :- Gaurav Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Nitinjay Pandey Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Ved Prakash Vaish,J.
The grievance of the petitioner is that he met with an accident in which he suffered 55% permanent physical disability and due to the said reason his earning capacity has been adversely affected. It is stated that the State Government has floated a scheme for providing financial assistance to the families of farmers who has lost their head of family/breath earner in accident or got disabled.
The grievance of the petitioner is that he is entitled for compensation/financial assistance under the aforesaid scheme due to his disability.
Learned counsel for the petitioner has drawn our attention to a communication sent by respondent no.3 to the District Magistrate, respondent no.2, wherein he has mentioned the material facts of the matter, which is still pending in the office of the District Magistrate. The only prayer made by the learned counsel for the petitioner is that a direction may be issued to the District Magistrate to consider the petitioner's case.
We have heard the learned counsel for the petitioner and the learned Standing Counsel, who has accepted notice on behalf of respondent no.1,2 and 3. With their consent the matter is taken on the Board for final disposal in terms of the Rules of the Court.
In view of the proposed order we are not issuing notice to respondent no.4 as his interest is protected under this order.
Having due regard to the facts of the case we are of the view that the ends of justice would be subserved by issuing a direction to the respondent no.2 to take appropriate decision in the matter expeditiously preferably within three months from the date of communication of this order.
It is made clear that we have not adjudicated upon the merit of the case. The respondent no.2 shall pass appropriate order independently in accordance with law. Before taking the decision the District Magistrate shall furnish an opportunity of hearing to respondent no.4 also.
The writ petition is, accordingly, disposed of.
Order Date :- 27.10.2018 MAA/-