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2025 DAILYLAW 57132 (ALL)

SMT URMILA DEVI v. State of UP AND 4 OTHERS

WRIC/14081/2024 · 2025-02-11

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20177-DB Court No. - 29 Case :- WRIT - C No. - 14081 of 2024 Petitioner :- Smt Urmila Devi Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Ramesh Chandra Pathak Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Petitioner's claim for payment on account of accidental death under the Mukyamantri Krishak Durghtna Kalyan Yojana has been rejected by the District Level Committee headed by respondent no.2 District Magistrate, Basti vide order impugned dated 20.12.2023, on account of alleged delay in submitting the claim. The order impugned is challenged on the ground that filing of an application ought not to have been rejected on the ground of delay. It is also submitted that the scheme is a beneficiary scheme formulated by the State for the benefit of poor farmers and delay in such matters ought not to be the ground for rejection of claim, if the petitioner's claim is otherwise covered under the scheme. 2. Reliance has been placed on a judgment of the co-ordinate bench in Writ C- No.15983 of 2020 (Gautam Yadav Vs. State of U.P. and 3 Others) wherein the Division Bench has held that limitation in such claims would be three years by virtue of Clause 137 of the schedule to the Limitation Act. Reliance has also been placed on judgment of this Court in Writ- C No.21991 of 2023 (Sambhawati Devi Vs. State of U.P. and 3 Others) and in the case of (Shailesh Kumar and Another Vs. State of U.P. and 3 Others) in Writ- C No.24891 of 2022. 3. Learned Standing Counsel submits that the competent authority i.e., respondent no.2 shall take an appropriate decision in the matter. 4. In view of the authoritative pronouncement of law by various division benches, referred to above, delay in mere making of claim by the widow for benefit under the scheme cannot be rejected routinely on the ground of delay. The order impugned dated 20.12.2023, passed by the District Level Committee headed by District Magistrate, Basti, in such circumstances, cannot be sustained. 5. We dispose of this writ petition with a direction upon respondent no.2 District Magistrate, Basti to accord fresh consideration to the petitioner's claim, noticed above, in light of the law laid down by this Court in the above judgments, by passing a reasoned order, within a period of three months from the date of presentation of certified copy of this order. In order to facilitate fresh consideration of petitioner's claim the order impugned dated 20.12.2023 is set aside. Order Date :- 11.2.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad