The Uttarakhand High Court has directed the District Magistrate of Udham Singh Nagar to pass fresh orders in six months regarding the eligibility of petitioners for the benefits available to Rajya Andolankari.
Petitioners Rajesh Kumar and others had challenged the order dated August 24, 2016 passed by the District Magistrate of Udham Singh Nagar. By the said order, the application made by the petitioners, declaring them eligible for the benefits available to Rajya Andolankari, had been rejected.
The reason assigned for rejecting the prayer made by the petitioners was that there was no entry regarding the participation of the petitioners in Uttarakhand Andolan in the records available with Local Intelligence Bureau, Kichha.
Kishore Kumar, Counsel for the petitioners, referred to the letter issued by the Deputy Collector of Rudrapur, District Udham Singh Nagar. Along with the said letter, a list has been enclosed, in which names of the petitioners are mentioned at Serial Nos 52, 53 and 54, respectively.
Against the names of the petitioners, there is a reference to some report submitted by the Local Intelligence Unit (LIU), although the year of reports is different in case of all the petitioners.
The Counsel for the petitioners further submitted that in view of stipulation made in the list regarding the LIU report in respect of the petitioners, the reason assigned for rejecting their claim does not appear to be justified.
A Single Bench of Justice Manoj Kumar Tiwari on May 24, 2021 directed the Deputy Advocate General to get necessary instructions in the matter, particularly, as regard the LIU report.
On Friday, the Additional CSC had apprised the Court that despite the letter issued to the District Magistrate, Udham Singh Nagar, no instructions have been received so far.
The Court held that 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; therefore, the matter needs to be reconsidered by the District Magistrate in the light of document contained in the petition.
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“The order dated August 24, 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 a fresh order in respect of petitioners, in accordance with the law, as early as possible; but, not later than six months from the date of production of a certified copy of this order,” the order read.