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2025 DAILYLAW 14129 (ALL)

PANNA YADAV v. STATE OF U.P. AND 2 OTHERS

WRIC/3160/2025 · 2025-02-27

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28953-DB Court No. - 29 Case :- WRIT - C No. - 3160 of 2025 Petitioner :- Panna Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Janardan Prasad Patel Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents. 2. Petitioner's claim for compensation in terms of the Mukhyamantri Krishak Durghatana Kalyan Yojana on account of death of petitioner's husband, has been denied consideration on the ground that the claim itself has been lodged after delay of 75 days of the accident, which is beyond the limitation. 3. It is submitted by the learned counsel for the petitioner that on misconstruction of materials on record, claim of the petitioner has been rejected. Reliance has been placed upon the Government Order dated 14.03.2023 in which limitation of three months is externable by a period of three months on sufficient explanation. Reliance has also been placed on the decision in the case of Gautam Yadav Vs. State of U.P. and 3 others reported in 2020 (11) ADJ, 321 to submit that beneficial provisions of the scheme ought to be liberally construed. It is also submitted that in such circumstances, rejection of the petitioner's claim is wholly misconceived. 4. Learned State Counsel submits that in the event no decision has yet been taken, the competent authority shall accord due consideration to petitioner's claim in terms of the Government Order dated 14.03.2023. 5. In that view of the matter, we dispose of the present writ petition with direction upon respondent no.2- District Magistrate, Jaunpur to accord fresh consideration to the petitioner's claim for payment of compensation in terms of the observations made, in accordance with the scheme by passing a reasoned order within a period of three months. The order impugned in this writ petition shall abide by the fresh orders to be passed by the District Magistrate, Jaunpur. Order Date :- 28.2.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad