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Neutral Citation No. - 2025:AHC:83726-DB Court No. - 39 Case :- WRIT - C No. - 15926 of 2025 Petitioner :- Pushpa Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Janardan Prasad Patel,Suresh Kumar Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr. Dheeraj Kumar Yadav, learned advocate, holding the brief appears on behalf of petitioner and submits, his client is widow. Her husband died by accident. She claimed compensation, rejected by impugned order dated 7th April, 2025 alleging delay in presentation of the claim made after 107 days. He submits further, his client's claim was filed before the District Magistrate within 60 days of the death. He seeks interference.
2. Mr. Anubhav Chandra, learned advocate Standing Counsel appears on behalf of State and submits, prescribed period for lodging the claim under the scheme is 45 days, extendable for another 30 days. Aggregate time, within which a claim is to be lodged is 75 days. Here, it was lodged after 107 days. Hence, rejection of the claim. There should not be interference.
3. We see petitioner has disclosed order dated 3rd January, 2025 made by the learned single Judge in disposing of her writ petition (Writ-C no.43489 of 2024). Text of the order is reproduced below.
"Petitioner's claim for payment of compensation in terms of Mukhyamantri Krishak Durghatna Kalyan Yojana on account of the accidental death of her husband is said to be pending since 28.2.2023. Since no decision has been taken, the petitioner is before this Court. Learned State Counsel states that the petitioner's grievance would be examined by the competent authority, in accordance with law. In the facts and circumstances, this writ petition stands disposed of permitting the petitioner to represent her grievance before the respondent no. 2 alongwith a certified copy of this order. The concerned authority shall accord
consideration to the petitioner's claim, noticed above, in accordance with law, by means of a reasoned order to be passed, within a period of four months from the date of presentation of a certified copy of this order. Petitioner while submitting the certified copy of this order shall annex all documents/materials
in respect of her claim before the District Magistrate, concerned." (emphasis supplied) Impugned order of rejection is dated 7th April, 2025. Above order dated 3rd January, 2025 (supra) was made in presence of State recording that since after petitioner lodged claim for payment of compensation on 28th February, 2023, no decision had been taken. In the circumstances, we do not want to adjudicate on subsequently raised factual dispute on delay to reject petitioner's claim dated 28th February, 2023 by impugned order dated 7th April, 2025.
4. Impugned order is set aside and quashed. Respondent no.2 (the District Magistrate) is directed to re-consider petitioner's claim and if otherwise found good, to appropriately direct. Petitioner will communicate certified copy of this order to said respondent. Result of the re-consideration be made known to the petitioner within four weeks of the communication.
5. The writ petition is disposed of.
Order Date :- 19.5.2025 Shivangi (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad