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2025 DAILYLAW 101643 (ALL)

JITENDRA v. State of UP AND 2 OTHERS

WRIC/33243/2024 · 2025-01-27

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13747-DB Court No. - 29 Case :- WRIT - C No. - 33243 of 2024 Petitioner :- Jitendra Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Vinay Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner's claim for payment of compensation under the Mukhyamantri Kishan Evam Sarvhit Bima Yojana appears to have been rejected by the Oriental Insurance Company on the ground that in the Computerized Khatauni the deceased is not recorded. Attention of the Court has been invited to the Khatauni, in which Lekhraj, the deceased, is recorded over Gata No. 298. Even otherwise, merely because in the Computerized Khatauni, the name of deceased is not recorded, is and cannot be a ground for rejection of the claim in terms of the scheme if the deceased is found covered under the description of beneficiary under the scheme. The mere fact that State Authorities have not incorporated his name in the electronic khatani would not be of substance. In such circumstances, the decision of the Insurance Company cannot be approved of. In the facts of the case, we direct the District Magistrate, Etah, to accord consideration to petitioner's claim, keeping in view the above observation, strictly in accordance with the terms of scheme, by passing a reasoned order, within a period of two months, from the date of presentation of a certified copy of this order. With the above observations and directions, this writ petition stands disposed of. Order Date :- 27.1.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad