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2025 DAILYLAW 22401 (ALL)

SMT. KAMLAWATI DEVI v. STATE OF U.P. AND 3 OTHERS

WRIC/6038/2025 · 2025-03-06

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33811-DB Court No. - 29 Case :- WRIT - C No. - 6038 of 2025 Petitioner :- Smt. Kamlawati Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Yadava,Janardan Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents. 2. Petitioner's claim for compensation in terms of the Mukhyamantri Krishak Durghatana Kalyan Yojana has apparently not been considered vide order impugned dated 23.04.2024 on the ground that there was a delay in submission of application and, therefore, it is not maintainable. The deceased in the present case has died on 22.02.2022 whereas the claim was presented on 30.03.2022. According to the petitioner, the order impugned has been passed without verifying records and petitioner submitted her claim within time. Reliance has been placed upon the Government Order dated 14.03.2023 in which limitation of three months is externable by a period of three months on sufficient explanation. Reliance has also been placed on the decision in the case of Gautam Yadav Vs. State of U.P. and 3 others reported in 2020 (11) ADJ, 321 to submit that beneficial provisions of the scheme ought to be liberally construed. It is also submitted that in such circumstances, rejection of the petitioner's claim is wholly misconceived. 4. Learned State Counsel submits that in the event no decision has yet been taken, the competent authority shall accord due consideration to petitioner's claim in terms of the Government Order dated 14.03.2023. 5. In that view of the matter, we dispose of the present writ petition with direction upon respondent no.2- District Magistrate, Deoria to accord fresh consideration to the petitioner's claim for payment of compensation, in accordance with the scheme, by passing a reasoned order within a period of three months. The order impugned in this writ petition shall abide by the fresh orders to be passed by the concerned District Magistrate. Order Date :- 7.3.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad