Neutral Citation No. - 2025:AHC-LKO:1011-DB Court No. - 2 Case :- WRIT - C No. - 11168 of 2024 Petitioner :- Ram Dulare Respondent :- State Of U.P. Thru. Chief Secy. Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Bharat Kumar Dixit,Pramod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Heard. The claim of the petitioner for compensation under the Mukhya Mantri Krishak Durghatana Kalyan Yojana was rejected on 27.02.2023 on the ground that the deceased was not a farmer and did not have agricultural land recorded in his name, nor was he a co-sharer or lessee of any agricultural land. The contention of the Counsel for the petitioner is that a report of the Lekhpal merely mentions that the deceased was not recorded as a Bataidar in the khasra. The submission is that as per the Government Order either of two documents are required to prove as to whether the deceased was Bataidar or not. These documents are mentioned in Paragraph 3 (ख). These documents are a certificate by the land owner or his legal heir that the deceased was a Bataidar of his land in the relevant fasli year or if the land owner is not available, a certificate by the Gram Pradhan or the local Lekhpal to the same effect. The contention is that the land owner of whose land the deceased was a Bataidar namely, Aftab Alam, had given a certificate in the form of an affidavit but the same has not been taken into consideration, therefore, the impugned order is liable to be quashed. On being confronted, the learned Standing Counsel though relied upon the report of the Lekhpal but could not deny the facts as noticed while recording the submissions of the Counsel for the petitioner. We have perused the Government order, as also, the affidavit submitted by the alleged land owner in the form of a certificate that the deceased was a Bataidar. These facts should have been taken into consideration. The decision at Serial No. 51/1478 pertaining to deceased Amresh S/O- Ram Dulare, is a cryptic one and does not mention the aforesaid facts and documents. We accordingly set aside the aforesaid decision and direct the District Level Committee headed by the District Magistrate to reconsider the claim in the light of the Government Order and the facts as noticed hereinabove at the earliest, say within a period of three months. The writ petition is disposed of in the aforesaid terms. Order Date :- 7.1.2025 Lokesh Kumar [Brij Raj Singh, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench