RAM CHANDRA AND ANOTHER v. DISTRICT MAGISTRATE , SITAPUR U.P. AND OTHERS
WRIC/3907/2024 · 2025-07-24
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135868 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135868 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43318-DB Court No. - 2 Case :- WRIT - C No. - 3907 of 2024 Petitioner :- Ram Chandra And Another Respondent :- District Magistrate , Sitapur U.P. And Others Counsel for Petitioner :- Prashant Tiwari,Manoj Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. In spite of order dated 30.04.2024, the State has not filed counter affidavit. The order by which it is said that the claim of the petitioners under the Mukhya Mantri Krishak Durghatana Kalyan Yojna was rejected has also not been brought on record. The petitioner, a poor person, is waiting for justice since
26.04.2024. We, accordingly, draw adverse inference against the opposite parties to the effect that they do not have anything to say with regard to the averments made in the writ petition. The contention of the petitioners' Counsel is that in spite of being fully eligible for compensation under the scheme in question, the same has not been extended. Our attention has been invited to the relevant Government orders pertaining to the scheme, as also, the certificate given by the Gram Pradhan dated 11.05.2023 certifying that the deceased was a 'batayidaar', which according to the petitioners' Counsel was filed along with the claim. For the reasons aforesaid, as no decision rejecting the claim of the petitioners has been placed before us in spite of sufficient opportunity, we provide, that if any such decision has been taken on the ground that the petitioners are not eligible under the scheme in question, the same shall stand quashed, and the claim of the petitioners shall be re-considered under relevant Government orders taking into consideration the documents annexed with the writ petition and those which may have been filed with the claim. A fresh decision shall be taken within a period of two months. If no such decision has been taken, then it shall be taken now, keeping in mind the aforesaid. The petition is allowed with a cost of Rs. 5000/-, as, the State
has not co-operated in the proceedings by filing any counter affidavit. The cost shall be paid to the petitioners within one month. Order Date :- 24.7.2025 Lokesh Kumar [Manish Kumar, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench