Neutral Citation No. - 2025:AHC:19273-DB Court No. - 29 Case :- WRIT - C No. - 34838 of 2023 Petitioner :- Vaishali Saxena Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalla Ram Ojha,Santosh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. This petition has been filed, challenging the order dated 17.6.2023, passed by respondent No.3, rejecting the petitioner's claim for payment of compensation on account of accidental death of her husband. The order impugned records that the petitioner's claim is not covered under the scheme, since the deceased husband was not an agriculturist. 3. Learned counsel for the petitioner submits that in the application form of the petitioner, it was clearly stated that the deceased was a sharecropper, working with the tenant holder Brijendra Singh and other farmers which fact has not been noticed. It is also submitted that the original application of the petitioner has also been misplaced and, thereafter, fresh documents have been furnished before the authorities to show that the deceased was a sharecropper and the claim was covered under the scheme for payment of accidental compensation. 4. Learned counsel for the petitioner has invited our attention to the Government Order dated 24.2.2020 which defines the "agriculturist", to include a landless labourer who works as a sharecropper with other tenant holder. He submits that the claim of the petitioner was, therefore, covered under the scheme. 5. The writ petition was entertained on 24.11.2023 and time was granted to the State to file a counter affidavit. However, even after expiry of more than a year's time, no counter affidavit has been filed. 6. Considering the nature of the order proposed to be passed, we do not intend to accept the prayer of learned Standing Counsel to grant further time for filing a counter affidavit in this case. 7. In the facts of the case, we permit the petitioner to approach respondent No.3 within a period of two weeks from today, along with this order, annexing the documents enclosed along with the writ petition, regarding the petitioner's claim for payment of compensation. The certificate issued by Brijendra Singh on whose land the deceased was working as well as the certificate of the Village Pradhan would also be annexed with the copy of this order. 8. Respondent No.3 would get such facts verified and would pass a fresh order on the petitioner's claim, keeping in view the Government Order dated 24.2.2020, within a period of three months from today. 9. The order impugned in the writ petition shall remain subject to the fresh determination of the petitioner's claim, in terms of the above direction. 10. With the aforesaid direction, the petition is disposed of. Order Date :- 10.2.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad