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2025 DAILYLAW 183044 (ALL)

DEEN DAYAL v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 2 OTHERS

WRIC/11184/2025 · 2025-11-18

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11184 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State-opposite parties. 2. The claim of the petitioner is that his wife died in a road accident as such the petitioner is entitled to compensation under the Mukhyamantri Krishak Durghatna Kalyan Yojna, however, the claim has been declined by the impugned order dated 11.08.2022 on the ground that no land was recorded in the name of the deceased nor was she the main bread earner of the family. 3. Contention is that the Government Order dated 28.02.2020 does not use the word "main bread-earner". The means of sustenance of the petitioner is a small agricultural holding and the wife used to help out the petitioner in the agricultural activities, therefore, she was also an earning member of the family and the main source of livelihood is/was the proceeds from the agricultural holding and, therefore, the petitioner is squarely covered under Para-2(2) of the Government Order dated 28.02.2020, which includes such members of the khatedar or co-sharer, who were earning for the family and the main source of their livelihood was the agricultural land held by the tenure holder i.e. the petitioner. Therefore, the petitioner's claim is clearly covered by the said clause. We have perused the impugned order and we find that petitioner has a case for re- consideration. The claim has not been considered appropriately in the Versus Counsel for Petitioner(s) : Vivek Chandra Counsel for Respondent(s) : C.S.C. Deen Dayal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 2 Others .....Respondent(s) light of the Government Order dated 28.01.2020. The recital in the impugned order that the deceased was not the "main bread-earner" is contrary to the provisions of Para-2(2) of the Government Order dated 28.02.2020 as the word "main bread-earner" is not mentioned therein. We, therefore, quash the impugned order dated 11.08.2022 passed by opposite party no.2 pertaining to the petitioner and direct the District Level Committee headed by the District Magistrate, Barabanki to re- consider the matter in the light of what has been stated herein-above and the Government Order dated 28.02.2020 and take a fresh decision within two months. 4. Writ petition is allowed in the aforesaid terms. November 18, 2025 Ashutosh WRIC No. 11184 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