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2025 DAILYLAW 201233 (ALL)

PUSPA DEVI v. STATE OF U.P. THRU. PRIN. SECY. / ADDL. CHIEF SECY. / REVENUE DEPTT. AND 2 OTHERS

WRIC/1894/2025 · 2025-10-14

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1894 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the impugned order dated 30.12.2024 passed by the District Magistrate, Lakhimpur-Kheri and the impugned claim repudiation order dated 22.11.2019 passed by the opposite party no.3- Divisional Manager, Oriental Insurance Company Limited. 3. Upon perusal of the above orders, it appears that the claim of the petitioner has been rejected on the ground that the income certificate of the deceased was provided 45 days after the death of the deceased. 4. Learned counsel on behalf of the Insurance Company submits that this income certificate should have been provided within 45 days. 5. In our view, this provision for providing the income certificate is a directive provision as the same is part of the beneficial scheme. Therefore, there shall always be a discretion with the authorities concerned to condone such delay as has been held in the judgment of this Court in Writ-C No.9722 of 2025 titled as Janak Dulari Vs. State of U.P. and another (Neutral Citation No.2025:AHC-LKO: 62119-DB). 6. In the light of the same, the impugned orders dated 30.12.2024 and Versus Counsel for Petitioner(s) : Girish Chandra Verma, Anuj Kumar Verma Counsel for Respondent(s) : C.S.C., Anchal Mishra Puspa Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. / Addl. Chief Secy. / Revenue Deptt. And 2 Others .....Respondent(s) 22.11.2019 are quashed and set aside with direction to the concerned authorities to consider and decide the claim of the petitioner taking into account the income certificate that has been produced by the petitioner. This exercise shall be completed within a period of eight weeks from today and the benefit of the claim of petitioner shall be provided expeditiously. 7. With the aforesaid direction, the writ petition is disposed of. October 14, 2025 Arjun/- WRIC No. 1894 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench