ARTI DEVI @ ARTI SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS
WRIC/10838/2025 · 2025-11-25
Manjive Shukla, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 177821 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 177821 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10838 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief(s):
"i. Issue a writ of certiorari or any other appropriate writ, order or direction, to summon the records pertaining to the order passed by opposite party no. 2 i.e. District-Magistrate, District- Gonda, whereby the claim of the petitioner under " Mukhyamantri Kisan Durghatna Kalyan Yojna" has been rejected, and to quash the said order as being illegal, arbitrary, and violative of principles of natural justice. ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to reconsider the claim of the petitioner for grant of compensation under " Mukhyamantri Kisan Durghatna Kalyan Yojna" as according to law forthwith."
3. Learned counsel appearing on behalf of the respondents has provided the order passed by the authority concerned dated 08.04.2025. The reason provided in the said order is that the deceased was not a land owner and, therefore, the claim of the petitioner under the Mukhyamantri Kisan Durghatna Kalyan Yojna was rejected. Versus Counsel for Petitioner(s) : Subhash Chandra Yadav, Ashwani Kumar Counsel for Respondent(s) : C.S.C. Arti Devi @ Arti Shukla .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others .....Respondent(s)
4. We are of the view that the authority should have considered the claim of the petitioner that the deceased was the Bataidar and would fall under clause 2(2) of Mukhyamantri Kisan Durghatna Kalyan Yojna.
5. In light of the same, the impugned order is quashed and set aside with a direction upon the authority concerned to grant opportunity of hearing to the petitioner and thereafter pass a reasoned order within a period of eight weeks from date in accordance with law.
6. With the above directions, the writ petition is disposed of.
November 25, 2025 Ashutosh WRIC No. 10838 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench