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2025 DAILYLAW 119144 (ALL)

GEETA KUMARI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ORS

WRIC/612/2025 · 2025-02-28

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12119-DB Court No. - 2 Case :- WRIT - C No. - 612 of 2025 Petitioner :- Geeta Kumari Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Ors Counsel for Petitioner :- Jitendra Bahadur Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The claim of the petitioner for grant of compensation under Mukyamantri Krishak Durghatna Kalyan Yojana governed by G.O. dated 28.02.2020 etc. has been rejected vide order dated 20.10.2022 at Sl.No.23 on the ground that petitioner does not belong in the first category of legal heirs of the deceased and was not dependent upon the deceased-farmer. However, the contention of learned counsel for the petitioner is that deceased who was uncle of the petitioner did not have any legal heirs/ representative at the time of his death and the petitioner alone was his legal heir/ representative. In fact, she had applied for mutation of her name in respect of her late uncle and her name was ordered to be mutated in the revenue records by the Tehsildar vide order dated 21.01.2024. Accordingly, her name has been mutated in the khatauni pertaining to the holding of the deceased-Pyare Lal. Therefore, the order impugned is not sustainable. 3. Inspite of sufficient opportunity having been granted to the opposite parties for filing counter affidavit vide order dated 28.01.2025, it has not been filed as yet. 4. We do not see any reason to keep the matter pending. Let the petitioner inform the District Level Committee headed by District Magistrate, Lucknow about the aforesaid facts who shall get the matter inquired as to whether the name of the petitioner has been mutated in the revenue records with respect to the holdings of Late Pyare Lal as per law and if he finds that it has been recorded on the basis of succession and that there are no other legal heirs/ representatives of Late Pyare Lal then the District Level Committee will have to reconsider the decision impugned herein as apparently it would be rendered illegal. We, accordingly, dispose of this petition with liberty aforesaid to the petitioner to submit an application before the District Magistrate, Lucknow within one week who shall get the matter inquired and take a decision accordingly within next six weeks. The impugned decision shall abide by fresh decision to be taken as aforesaid. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 28.2.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench