MANOJ KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE GOVT. OF U.P. LKO. AND 2 OTHERS
/10855/2025 · 2025-11-19
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184130 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184130 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10855 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard Ms. Rinku Verma, learned counsel for the petitioner and learned Standing Counsel appearing for the State. 2. The instant writ petition has been filed by the petitioner with the following main reliefs: i. Issue a writ, order or direction in the nature of Certiorari quashing the order dated 11.07.2023 passed by the respondent no.3 in the meeting held on 24.06.2023 (Annexure No.1 to the instant Writ Petition) by means of which the claim of Petitioner's father Late Devta Deen son of Ramdas under
"Mukhyamantri Krishak Durghatna Kalyan Yojna" has been wrongly rejected/declared ineligible by the respondent no.3 without going through the available records and without any valid reason. ii. Issue a writ, order or direction in the nature of Mandamus commanding upon the opposite parties to pay compensation/financial assistance of Rs.5,00,000/- to the petitioner under the "Mukhyamantri Krishak Durghatna Kalyan Yojna" on account of accidental death of his father i.e. Late Devta Deen, along with interest @ 14% from the date of death of deceased i.e. 28.09.2022 till actual payment. Versus Counsel for Petitioner(s) : Rinku Verma Counsel for Respondent(s) : C.S.C. Manoj Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Govt. Of U.P. Lko. And 2 Others .....Respondent(s)
iii. Any other order or direction deemed just and proper under the facts and circumstances of the case may also e passed in favour of the petitioner in the interest of justice."
3. From a perusal of the Panchnama, it is clear that the opinion of the Panchnama reads that the death was due to train accident. However, since the body was found in between the tracks, the authority concerned has rejected the claim of the petitioner on the ground that it is a case of suicide not covered under the scheme. 4. The assumption that because the body was found on the tracks, the same cannot be a train accident and has to be attributed to a mens rea of suicide cannot be allowed to stand without any actual evidence of suicide. 5. In light of the same, impugned order dated 11.07.2023 passed by the District Magistrate-Pratapgarh/Respondent No.3 is hereby set aside. 6.
The authority concerned is directed to reconsider the claim of the petitioner within a period of twelve weeks from date after granting an opportunity of hearing to the petitioner. November 19, 2025 akhilesh/- WRIC No. 10855 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench