V.K. Shukla, J. - (1.) Present writ petition has been filed by the Petitioner, questioning the validity of order dated 25.02.2009 passed by Additional District Magistrate (Finance and Revenue), Deoria in case No. 2, Smt. Sunita Tiwari v/s. Executive Engineer and Ors. holing that the claim application moved on behalf of the Petitioner was not maintainable.
(2.) Brief background of the case is that the Petitioner is a widow of late Sri Prakash Tiwari, who died on 04.05.2005 in fatal accident caused by broken and hanging high tension electric wire at Pokharbinda, police station Rampurkarkhana, District Deoria. Qua the said incident in question information was given to the police, which was registered in G.D. No. 14; inquest was done on 05.05.2005. Post mortem was also conducted and cause of death was reported due to shock. The Petitioner filed application on 21.09.2005 under Sec. 6 of the Public Liability Insurance Act, 1991. On the said application notices were issued and thereafter, said application has been dismissed as not maintainable. At this juncture, present writ petition has been filed.
(3.) In the present case, on presentation of writ petition on 30.06.2009, this Court passed following order: Notice on behalf of Respondent No. 1 has been accepted by the Standing Counsel. Respondent Nos. 2, 3 and 4 are represented by Sri Promod Bharadwaj, Advocate. Respondents pray for and are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter. List on 20th August, 2009.;