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2025 DAILYLAW 176910 (ALL)

SAROJ KUMARI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND ANOTHER

/11362/2025 · 2025-12-09

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11362 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel for the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made following main prayer(s): "I) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 13.02.2024, (by summoning the same, which is intimated vide letter dated 18.12.2024), issued from the office of the District, Magistrate, Barabanki, passed by O.P. No. 2, by which he has rejected the claim of the petitioner under Mukhyamantri Krishak Durghatana Kalyan Yonjana. (Contained in Annexure No.1). II) Issue a writ, order or direction in the nature of mandamus commanding to the opposite parties to provide the benefits to the petitioner under aforesaid scheme of 2020." 3. After hearing learned counsel for the parties and upon perusal of the annexures of the writ petition, it appears that the deceased was the breadwinner of the family and was involved in farming on the land belonging to his father. The impugned order rejects the application of the petitioner solely on the ground that he was not land owner. 4. We are of the view that this order does not take in account Class 2(2) of the "Mukhyamantri Krishak Durghatna Kalyan Yojna". Versus Counsel for Petitioner(s) : K.K. Singh, Shravan Kumar, Tauseef Ali Ansari Counsel for Respondent(s) : C.S.C. Saroj Kumari .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And Another .....Respondent(s) 5. In light of the above, the impugned order is quashed and set aside with direction to the authorities to reconsider the claim of the petitioner after granting an opportunity of hearing to the petitioner for providing further documents, if required, and thereafter, pass a reasoned order in accordance with law. The entire exercise should be completed within twelve weeks from date. 6. With the above direction, writ petition is disposed of. December 9, 2025 cks/- WRIC No. 11362 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench