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2025 DAILYLAW 33974 (ALL)

SMT NADEEMA HASAN v. State of U.P. AND ANOTHER

WRIC/8349/2024 · 2025-03-18

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39507-DB Court No. - 29 Case :- WRIT - C No. - 8349 of 2024 Petitioner :- Smt Nadeema Hasan Respondent :- State of U.P. and Another Counsel for Petitioner :- Ikram Ahmad 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 on account of death of petitioner's husband, has been denied consideration on the ground that the claim itself has been lodged after delay of 75 days of the accident, which is beyond the limitation. 3. It is submitted by the learned counsel for the petitioner that petitioner is a widow and on misconstruction of materials on record, claim of the petitioner has been rejected vide order impugned dated 16.10.2023. 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. It is also stated that scheme of the State is a beneficial scheme and ought to be construed liberally. Petitioner also submits that being a rustic villager the lack of knowledge about scheme ought not deny her the benefit under the scheme. 4. Learned State Counsel submits that the competent authority be permitted to revisit the issue, afresh and 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, Budaun to accord fresh consideration to the petitioner's claim for payment of compensation in terms of the observations made, 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. The authority shall keep in mind the object of the scheme while taking fresh decision in the matter. Order Date :- 19.3.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad