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2025 DAILYLAW 122610 (ALL)

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

WRIC/1404/2025 · 2025-02-12

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8964-DB Court No. - 2 Case :- WRIT - C No. - 1404 of 2025 Petitioner :- Santu Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Jitendra Bahadur Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The contention of the petitioner's counsel is that the claim of the petitioner for compensation under the Mukhyamantri Krishak Durghatna KalyanYojna has been cursorily and cryptically rejected with the observation that no evidence was annexed with the claim, however, not only there is an inquest report but also post mortem report, which was annexed with the claim. The post mortem report though is not annexed with the petition, but is available with the petitioner as claimed by his counsel. In view of the above, assuming that the said documents were not annexed with the claim, as they are documents, which are available in the records of the police etc. and are also available with the petitioner as claimed, therefore, impugned decision at serial No.150 dated 03.12.2024 (Annexure No.1) is quashed with direction to the District Level Committee headed by the District Magistrate, concerned to take a fresh decision in the light of the aforesaid at earliest say within two months. Liberty is granted to the petitioner to file the panchnama and the post mortem report to support the claim, which shall be taken into consideration and the claim shall not be rejected on the ground that the said documents have been filed subsequently. The petition is disposed of in the aforesaid terms. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 12.2.2025 G. Singh/- Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench