Neutral Citation No. - 2025:AHC:22005-DB Court No. - 29 Case :- WRIT - C No. - 38994 of 2024 Petitioner :- Vavita Devi Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ankur Mehrotra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. Amendment Application The amendment application is allowed. Learned counsel for the petitioner is permitted to carry out amendment during course of the day. Order on Writ Petition 1. Heard Sri Ankur Mehrotra, learned counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos. 1 to 3. 2. The petitioner has lost her husband in a train accident. Her claim for payment of insured sum in Mukhyamantri Krishak Durghatna Kalyana Yojana had been rejected by the District Magistrate, Chandauli after recording that neither deceased had any landholding with him nor he was shown to be a share cropper and it was therefore observed that the petitioner is not entitled for the insured sum under the scheme. 3. Learned counel for the petitioner has invited our attention to the affidavit dated 4.9.2021 alongwith copy of revenue record(Anenxure 6 to the writ petition) filed by one Ramakant Singh,tenure holder, which clearly shows that the petitioner was a share cropper. The copy of revenue record shows the tenure holder to b e recorded in the Revenue Records. 4. Learned counsel for the petitioner submits that the object of the scheme is to help poor farmers and particularly those who are poorer amongst them i.e. the landless labourers. It is noted that share croppers are also eligible who work for others and the Government scheme clearly acknowledges entitlement of such persons also. This aspect has not been accorded consideration in the impugned order dated 16.10.2023 as such, the impugned order cannot be sustained. 5. Learned Standing Counsel does not dispute the fact that the affidavit relied upon by the petitioner dated 4.9.2021 has not been referred to in the order of District Magistrate. 6. Considering the nature of order proposed to be passed, we do not deem it necessary to invite counter affidavit in the matter or to keep the petition itself pending. 7. In the facts and circumstances of the case, we permit the petitioner to approach the second respondent alongwith copy of this order annexing documents in support of claim that the petitioner's husband was share cropper and thus was covered under the scheme for getting the benefit. If such an application alongwith supporting material is submitted in terms of above, the District Magistrate, Chandauli would get the petitioner's claim examined in the light of materials within two months thereafter. Order impugned in the writ petition dated 16.10.2023 shall remain subject to the fresh order to be passed in terms of our direction issued in this writ. 8. The writ petition stands disposed of accordingly. Order Date :- 17.2.2025 P.P. Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad