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2025 DAILYLAW 120954 (ALL)

NOOR JAHAN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. AND 3 OTHERS

WRIC/1057/2025 · 2025-03-03

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12536-DB Court No. - 2 Case :- WRIT - C No. - 1057 of 2025 Petitioner :- Noor Jahan Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. And 3 Others Counsel for Petitioner :- Atul Kumar Singh Gaur Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. Admittedly, even as per instructions of learned Standing Counsel, death of the farmer occurred on 08.03.2022 and according to their records, claim was presented on 19.05.2022, therefore, the claim was clearly within seventy five days of the death. The instructions received by learned Standing Counsel is taken on record. The petitioner, of course, claims that he had submitted the claim on 19.05.2022. Moreover, delay is not the reason mentioned in the communication dated 09.10.2024 though it is mentioned in the communication under the Right to Information Act which is apparently incorrect. The impugned order dated 09.10.2024 refers to absence of Panchnama and post-mortem report as reasons for rejection of claim by the Committee on 11.11.2022. Panchnama is available as accepted by learned Standing Counsel, copy of which has been provided to him by the opposite parties. Therefore, the impugned decision is quashed. The claim of the petitioner under Mukhyamantri Krishak Durghatna Kalyan Yojana shall be reconsidered in the light of the aforesaid with expedition say within two months and decision taken shall be communicated to the petitioner. If entitled to benefit, the same shall also be extended to him within the said period. 3. Accordingly, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 3.3.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench