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2025 DAILYLAW 105506 (ALL)

SMT SUHAGMATI v. STATE OF U.P. AND 4 OTHERS

WRIC/35479/2024 · 2025-01-27

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Court No. - 29 Case :- WRIT - C No. - 35479 of 2024 Petitioner :- Smt Suhagmati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Pathak Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State-respondent. Petitioner's claim for payment of compensation under Mukhyamantri Krishak Durghatana Kalyan Yojana has not been considered apparently for reason of delay. The death in this case had occurred on 28.02.2023 whereas claim has been instituted on 15.06.2023. Report of Lekhpal has been submitted, according to which claim itself is within time. It is also submitted that on misreading and misrepresentation of materials on record, claim of the petitioner has been rejected. Reliance has been placed upon the Government Order dated 14.03.2023 in which limitation is three months with further period of three months to be condoned on sufficient explanation. Reliance has also been placed on the decision in the case of Gautam Yadav Vs. State of U.P. and 3 others, 2020 (11) ADJ, 321. It is also submitted that in such circumstances, rejection of the petitioner's claim is wholly misconceived. Learned State Counsel submits that in the event no decision has yet been taken, the competent authority shall accord due consideration to the scheme in terms of the Government Order dated 14.03.2023. In that view of the matter, we dispose of the present writ petition with direction upon respondent no.2 - District Magistrate, Sant Kabir Nagar, to accord a fresh consideration to the petitioner's claim for payment of compensation in terms of the observations made, in accordance with the scheme by passing a reasoned order within a period of three months. Order Date :- 27.1.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad