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2025 DAILYLAW 114952 (ALL)

HARISHCHANDRA v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. GOVT. LKO. AND 2 OTHERS

WRIC/124/2025 · 2025-01-23

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4604-DB Court No. - 2 Case :- WRIT - C No. - 124 of 2025 Petitioner :- Harishchandra Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. And 2 Others Counsel for Petitioner :- Jitendra Bahadur Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. C.M. Application No. NIL of 2025 This is an application for amendment in the prayer clause, supported with an affidavit. Learned Standing Counsel has no objection to the same. The application is allowed. Let the necessary amendment be made in the prayer clause during course of the day. Memo of Petition Heard. By means of this petition, the petitioner has challenged the order dated 03.12.2024 by which the claim of the petitioner under the Mukhya Mantri Krishak Durghatana Kalyan Yojna has been rejected on the ground that as per the report of the S.D.M., the deceased was not the main bread-earner of the family. However, on perusal of the Government Order dated 28.02.2020, we do not find the words “main bread-earner” having been used in the Government Order. In the earlier schemes, the word “Parivar ka Mukhiya” had been used, which is not there in the Government Order dated 28.02.2020. We have perused paragraph 2 thereof. It merely mentions “bread earner”. We have already stated in earlier decisions that if there is any agricultural holding and all the family members are working there, and the main source of income of the family is from the said agricultural holding, then every member of the family would be a bread earner for the family, unless the facts are found to be otherwise i.e. the deceased was not involved in agricultural activities and had some other source of livelihood or that he did not participate in agricultural activities at all. Therefore, we are of the opinion that the impugned decision apart from being absolutely cryptic is contrary to the provisions contained in the Government Order dated 28.02.2020. Such decisions have to be taken after due and proper application of mind, and though, the decision need not be a lengthy one, it should at least disclose proper application of mind with reference to the facts and evidence collected during enquiry as to the entitlement of the claimant in the light of the Government Order dated 28.02.2020, which is not the case here, therefore, we quash the impugned decision with direction to the District Magistrate, Lucknow to reconsider the case of the petitioner in the light of what has been stated hereinabove. While doing so, he shall also keep in mind the decision dated 20.12.2024 passed in Writ C No. 11024 of 2024. Let such decision be taken within a period of three months. The writ petition is allowed in the aforesaid terms. Order Date :- 23.1.2025 Lokesh Kumar [Manish Kumar, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench