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2023 (11) TMI 3

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..... rtificate prior to the occurrence of his death and that registration did not stand cancelled on the date of occurrence of his death, the status of the deceased would remain to be of a registered dealer for the purpose of Group Insurance Policy. Since the respondents have not applied their mind on this aspect of the matter, the writ petition is disposed off with the direction upon the respondent no. 3 to examine the correct facts in light of the observations made and issue appropriate reasoned communication to the petitioner within a period of one month from today. - Hon'ble Saumitra Dayal Singh And Hon'ble Surendra Singh-I JJ. For the Petitioner : Gopal Misra,Amit Rastogi For the Respondent : C.S.C.,Vipul Kumar .....

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..... 5. The above claim has been resisted by the State on the ground that prior to the occurrence of his death the deceased had submitted the application on 18.03.2013 to cancel the registration granted to him. That application is stated to have processed on 18.03.2013. At the same time, according to the case of the State-respondents itself, the said order was uploaded on the website of the revenue authorities on 24.12.2013. This fact has been disclosed in paragraph-9 of the writ petition. 6. On the contrary, the contents of paragraph-9 and 10 of the counter affidavit have been disputed by the petitioner. It has thus been specifically asserted, by means of the rejoinder affidavit, that the deceased had earlier obtained registration certif .....

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..... ave misdirected themselves in not looking at the application dated 18.03.2013 without considering the fact of the pre-existing registration, that stood in the name of the deceased. If the deceased held a registration certificate prior to the occurrence of his death and that registration did not stand cancelled on the date of occurrence of his death, the status of the deceased would remain to be of a registered dealer for the purpose of Group Insurance Policy. 9. Since the respondents have not applied their mind on this aspect of the matter, we dispose of the writ petition with the direction upon the respondent no. 3 to examine the correct facts in light of the observations made above and issue appropriate reasoned communication to the .....

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