SHILA AND 2 OTHERS v. STATE OF U.P. THRU. COMMISSIONER AND SECY. BOARD OF REVENUE LKO. AND 2 OTHERS
WRIC/11041/2024 · 2025-01-03
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169875 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169875 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
teNeutral Citation No. - 2025:AHC-LKO:304-DB Court No. - 2 Case :- WRIT - C No. - 11041 of 2024 Petitioner :- Shila And 2 Others Respondent :- State Of U.P. Thru. Commissioner And Secy. Board Of Revenue Lko. And 2 Others Counsel for Petitioner :- Janendra Kumar Verma,Vivek Kumar Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
1. Heard.
2. The contention of the petitioners' counsel is that late Lallu Ram S/o Pukhai died on 22.07.2021. The claim of the petitioners, who are said to be legal heirs/ representatives of Lallu Ram under the scheme known as Mukhyamantri Krishak Durghatana Yojna has been turned down on the ground that it was barred by limitation. It has been done by the order dated 23.06.2022. The contention is that the benefit of extension of limitation during COVID-19 has not been extended. Reliance is placed upon a judgment of this Court dated 18.12.2024 rendered in Writ-C No.10758 of 2024. In fact, there is another order of this Court dated 26.11.2024 passed in Writ-C No.- 10032 of 2024, which reads as under:-
"1. Heard Shri Janendra Kumar Verma, learned counsel for the petitioners and learned Additional Chief Standing Counsel for State.
2. The petitioners are legal representatives/ family members of Late Harjinder Singh who is said to have died in an accident on
19.12.2021. The claim of the petitioner for compensation under the Mukhyamantri Krishak Durghatna Kalyan Yojan has been rejected on the ground of being barred by limitation prescribed in Government
Order dated 28.02.2020, however, while rejecting the claim the concerned opposite party has not taken into consideration the Government Order dated 31.10.2023 by which applications submitted between 28.02.2020 to 28.06.2022 under the aforesaid scheme in respect of a death which may have occurred between 15.03.2020 to 28.02.2022 was treated to be as within limitation and was to be considered subject to other conditions of the Scheme being satisfied.
3. We, therefore, set-aside the impugned order and direct the District Level Committee headed by the District Magistrate to reconsider the claim of the petitioners taking into consideration the Government
Order dated 31.10.2023 with expedition, say, within a period of three months from the date a certified copy of this order is submitted.
4. With the aforesaid observations/directions, the writ petition is
disposed of. "
3. Learned Standing counsel fairly submitted that the case is covered by the said judgement.
4. We are also satisfied on this count. We accordingly quash the decision dated 23.06.2022 so far as it relates to the legal heirs of Late Lallu Ram at serial No.1290 thereof.
5. A direction is issued to the District Level Committee headed by the District Magistrate concerned to reconsider the claim of the petitioners on merits and take a decision within three months as to their entitlement to compensation under the scheme aforesaid.
6. The present petition is disposed of in the aforesaid terms. (Brij Raj Singh,J.) (Rajan Roy,J.)
Order Date :- 3.1.2025 G. Singh/ Rao Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench