Rajesh Kumar And Others vs District Magistrate Udham Singh Nagar

Manoj Kumar Tiwari, J

Petitioners are challenging the order dated 24.08.2016 passed by District Magistrate, Udham Singh Nagar. By the said order, application made by

the petitioners, declaring them eligible for the benefits available to Rajya Andolankari, has been rejected.

The reason assigned for rejecting the prayer made by the petitioners is that there is no entry regarding participation of the petitioners in Uttarakhand

Andolan in the records available with Local Intelligence Bureau, Kichha.

Learned counsel for the petitioners has referred to one document annexed as Annexure No. 6 to the writ petition, which is the letter issued by

Deputy Collector, Rudrapur, District Udham Singh Nagar. Alongwith the said letter, a list has been enclosed, in which names of the petitioners are

mentioned at Serial Nos. 53, 54 & 52 respectively. Against the names of the petitioners, there is a reference to some report submitted by the L.I.U.;

although, the year of reports is different in case of all the petitioners.

Learned counsel for the petitioners submits that, in view of stipulation made in the list regarding L.I.U. report in respect of the petitioners, the

reason assigned for rejecting their claim does not appear to be justified.

This Court vide order dated 24.05.2021 had directed the learned Deputy Advocate General to get necessary instructions in the matter, particularly,

as regard the L.I.U. report. Today, learned Additional C.S.C. has apprised the Court that, despite letter issued to District Magistrate, Udham Singh

Nagar, no instructions have been received so far.

Since the application made by the petitioners has been rejected on the ground that there is no entry regarding participation of the petitioners in

Uttarakhand Andolan; while Annexure No.6 to the writ petition refers to some L.I.U. report in respect of the petitioners, therefore, the matter needs

to be reconsidered by District Magistrate in the light of document contained in Annexure No.6 to the writ petition.

In such view of the matter, the impugned order dated 24.08.2016 is liable to be quashed and the same is hereby quashed. The writ petition stands

allowed and the District Magistrate, Udham Singh Nagar is directed to pass fresh order in respect of petitioners, in accordance with law, as early as

possible; but, not later than six months from the date of production of certified copy of this order.