Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51074-DB Court No. - 29 Case :- WRIT - C No. - 8569 of 2025 Petitioner :- Gauri Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner is a widow, who has lost her husband in a road accident. A first information report was lodged in the matter. Claim for payment of compensation under Mukhyamantri Krishak Durghatna Kalyan Yojna has not been accorded consideration only because postmortem was not conducted and the inquest report is also not on record. The death of petitioner's husband has taken place on 27.8.2024. An FIR was lodged. Cause of death was road accident. Conduct of inquest of postmortem etc. was required to be undertaken by the police authorities. Merely because such action is not taken, the claim of the petitioner for compensation due to accidental death cannot be denied consideration. Respondents cannot be permitted to take advantage of their own wrong/inaction. In that view of the matter, we do not approve the action of the respondents in not considering the petitioner's claim on merits. A writ of mandamus, consequently, is issued directing the District Magistrate, Chandauli, to get the petitioner's claim re-examined and take a fresh decision on the application of the petitioner for compensation under Mukhyamantri Krishak Durghatna Kalyan Yojna. In order to facilitate such fresh consideration, the decision taken earlier on 29.10.2024 is quashed. Such fresh consideration would be made within a period of two months from the date of production of a certified copy of this order before the District Magistrate, Chandauli. With the aforesaid observation/direction, this petition stands
disposed of.
Order Date :- 8.4.2025/LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad