Court No. - 39
Case :- WRIT - C No. - 24258 of 2020 Petitioner :- Usha Jain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- C.S.C.,Anjali Upadhya,Ramendra Pratap Singh
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard the learned counsel for the petitioner, Sri Ramendra Pratap Singh, learned counsel for the respondent nos. 2 and 3 and the learned Standing Counsel for the respondent no. 1.
The instant writ petition has been filed seeking following relief:
"(i) a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to pass an appropriate order on the representation dated 23.10.2019 pending before him for withdrawal of demand notice dated 3.12.2013 and 29.12.2018 regarding additional compensation within time bound period after granting opportunity of hearing to the petitioner.
(ii) a writ, order or direction in the nature of mandamus commanding the respondent no. 2 not to take any coercive measure for realization of additional premium to the petitioner, during the pendency of her representation before him.
iv) any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iv) to award costs of the writ petition to the petitioner."
Learned counsel appearing on behalf of the respondent nos. 2 and 3 at the very outset submits that in case the petitioner moves a representation before the respondent no. 2 afresh the same shall be considered by the concerned authorities within a stipulated period as may be granted by this court.
Having considered the submissions of the learned counsel for the parties and without entering into the merits of the case, we dispose of this writ petition with the direction to the respondent no. 2 that in case the petitioner moves an application afresh raising her grievance in respect of withdrawal of demand notice regarding additional compensation, the same shall be considered by the respondent no. 2 within a period of eight weeks by a reasoned and speaking order in accordance with law after giving due opportunity of hearing to both parties.
In the meantime, no coercive action shall be taken against the petitioner qua the demand of additional compensation.
Order Date :- 7.1.2021 Shahnawaz