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Fazal Khan Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citation

Court

Madhya Pradesh High Court

Decided On

Appellant

Fazal Khan

Respondent

The State of Madhya Pradesh

Excerpt:


.....available for better facilitation of artificial insemination. it is contended that since the amount of rs.39375/- has already been availed by the petitioner, he is not entitled for the amount of rs.10,000/- per year for a period of three years.it is further contended that a similar plea for grant of rs.10,000/- per year for a period of three years raised by one ravi kumar mishra vide writ petition no.12259/07 has been negatived in a decision rendered in the writ petition on 05-07-2008. there is no denial of this fact as no rejoinder has been filed. in view whereof it appears that the petitioner since has already received an amount of rs.39375/- towards artificial insemination kit, no case not survives for adjudication. the petition is accordingly dismissed having been rendered infructuous. (sanjay yadav) judge sc

Judgment:


Writ Petition No.5869 o”

07. 12/2012 None for the petitioner.

Shri Vivek Agrawal, learned Govt.

Advocate for the respondents/State.

The petitioner by this petition seeks direction to the respondents to pay incentive of Rs.10,000/- for three yeaRs.The relief has been sought on the basis of the scheme which has been introduced b y the State Government pertaining to artificial insemination in rural areas.

Responding to the claim put forth by the petitioner, the respondents/State and its functionaries have filed the return wherein it is stated that as per the policy (NPCCB Programme) and implementation of the programme, the petitioner who deposited 20% amount (Rs.39375/- ) and artificial insemination kit amounting to Rs.39375/- has been made available for better facilitation of artificial insemination.

It is contended that since the amount of Rs.39375/- has already been availed by the petitioner, he is not entitled for the amount of Rs.10,000/- per year for a period of three yeaRs.It is further contended that a similar plea for grant of Rs.10,000/- per year for a period of three years raised by one Ravi Kumar Mishra vide Writ Petition No.12259/07 has been negatived in a decision rendered in the writ petition on 05-07-2008.

There is no denial of this fact as no rejoinder has been filed.

In view whereof it appears that the petitioner since has already received an amount of Rs.39375/- towards artificial insemination kit, no case not survives for adjudication.

The petition is accordingly dismissed having been rendered infructuous.

(SANJAY YADAV) JUDGE sc


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