Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 72052 (ALL)

SMT. SOMWATI DEVI v. STATE OF U.P. AND 2 OTHERS

WRIC/21754/2025 · 2025-07-09

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:110269-DB Court No. - 21 Case :- WRIT - C No. - 21754 of 2025 Petitioner :- Smt. Somwati Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Parv Agarwal Counsel for Respondent :- C.S.C.,Vipul Kumar Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The case of the petitioner is that she applied for compensation under Mukhyamantri Kisan Evam Sarvhit Bima Yojna on account of death of her husband, Pradeep Kumar on 02.12.2018. The Insurance Company informed the petitioner that her claim is not admissible, as the income certificate was issued more than 45 days after the date of death. 2. The case of the petitioner is that the said requirement in the original scheme was relaxed by the Government. In support of the submission, he places reliance on a notification dated 21.08.2017. 3. We have perused the same and find the submission to have force. The stipulation in the original scheme that income certificate should have been issued within 45 days from the date of death, was relaxed by the said notification. 4. Shri Vipul Kumar, Advocate who has entered appearance on behalf of respondent no.3 submits that he has no objection in case respondent no.2 is directed to examine the claim of the petitioner and take decision. 5. Accordingly, the writ petition is disposed of with direction to respondent no.2 to take decision in respect of the claim of the petitioner within six weeks from the date of communication of the instant order alongwith photocopy of the claim application. In case, the notification dated 21.08.2017 has not been withdrawn and the condition regarding submission of income certificate of a date within 45 days from the date of death stands relaxed, the District Magistrate, while examining the claim, will not reject the same on the said ground. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad