KESHARPATI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
WRIC/7435/2025 · 2025-08-08
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155622 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155622 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46316 Court No. - 6 Case :- WRIT - C No. - 7435 of 2025 Petitioner :- Kesharpati Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Petitioner :- Iqbal Ahmad Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. Present petition has been filed challenging the order dated 09.08.2024 whereby the request of the petitioner for grant of compensation in terms of the scheme known as Mukhyamantri Krishak Durghatna Kalyan Yojna has been rejected by District Magistrate, Gonda.
3. Contention of learned counsel for the petitioner is that the deceased met with an accident with train which resulted in his death as is evident from the postmortem report. He also states that Station Master had certified that the deceased died in a train accident vide Certificate dated 18.03.2023 and none of them have been referred to while rejecting the claim vide order dated 09.08.2024.
4. Considering the fact that the benefits flowing from the scheme are socio beneficial benefits, no useful purpose would be served in keeping the matter pending.
5. Ex-facie, the certificate granted by the Railway Authorities and the postmortem report has not been considered while rejecting the application, as such, the impugned order dated 09.08.2024 is quashed.
6. Matter is remanded to the District Magistrate concerned to pass a fresh order with all expedition, preferably within a period of four months.
7. While doing so, the District Magistrate would consider the certificate issued by the Railway Authorities as well as the postmortem report.
8. Present petition stands allowed in above terms. Order Date :- 8.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench